Terms of Service

1. Acceptance of Terms

By accessing and using Tavari ("we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Description of Service

Tavari provides an AI-powered phone answering service and SMS campaign platform that enables businesses to:

• Answer phone calls automatically using AI assistants
• Send and receive SMS/MMS messages
• Manage customer contacts and lists
• Create and send SMS campaigns
• Track call and message analytics

3. Account Registration

To use our Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Be at least 18 years old or have parental consent

4. SMS and Messaging Compliance

4.1 TCPA Compliance

When using our SMS campaign features, you agree to comply with the Telephone Consumer Protection Act (TCPA) and all applicable regulations:

• You must obtain explicit written consent before sending marketing SMS messages
• You must clearly identify your business in all messages
• You must provide clear opt-out instructions (STOP keyword)
• You must honor opt-out requests immediately
• You must not send messages to numbers on the National Do Not Call Registry (unless you have prior express written consent)

4.2 Opt-In Requirements

You agree to only send SMS messages to contacts who have:

• Explicitly opted-in to receive messages from your business
• Provided clear consent through a documented method (website form, in-person sign-up, keyword text, etc.)
• Been informed that message and data rates may apply

4.3 Prohibited Content

You agree not to send messages containing:

• Spam, phishing, or fraudulent content
• Illegal or harmful content
• Content that violates third-party rights
• Unsolicited messages to contacts who have not opted in

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service without permission
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity
• Violate any third-party rights (intellectual property, privacy, etc.)

6. Payment and Billing

Subscription Plans: Our Service is offered on a subscription basis. You agree to pay all fees associated with your selected plan.

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days' notice
• Failure to pay may result in suspension or termination of your account

Usage-Based Charges: Additional charges may apply for usage exceeding your plan limits (e.g., additional call minutes, SMS messages, or storage).

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Tavari and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of your content (call recordings, messages, contact lists, etc.). By using the Service, you grant us a license to use, store, and process your content solely for the purpose of providing the Service.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

You are responsible for ensuring that any data you upload or process through the Service complies with applicable privacy laws and that you have obtained necessary consents from data subjects.

9. Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That the Service will meet your specific requirements
• That defects will be corrected

We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice.

10. Artificial Intelligence (AI) Disclaimer and Limitations

10.1 AI Service Nature

Tavari utilizes artificial intelligence and machine learning technologies to provide automated phone answering, call handling, message taking, and transcription services. You acknowledge and understand that:

• AI systems are inherently unpredictable and may generate responses, summaries, or transcriptions that contain errors, inaccuracies, or omissions
• AI responses are generated based on algorithms and training data, and may not always accurately reflect caller intent, context, or meaning
• The quality and accuracy of AI-generated content depends on various factors including but not limited to audio quality, background noise, language complexity, and caller speech patterns
• AI systems may misinterpret information, misidentify callers, incorrectly transcribe speech, or provide responses that do not match your business's actual information or policies

10.2 No Warranty for AI Accuracy

TAVARI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO:

• Call transcriptions and summaries
• Message content and caller information
• FAQ responses and business information delivery
• Intent detection and call routing decisions
• Any other AI-generated or AI-processed content

THE AI SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TAVARI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, SPECIFICALLY AS IT RELATES TO AI FUNCTIONALITY AND ACCURACY.

10.3 User Responsibility for Input Quality

You acknowledge and agree that:

• You are solely responsible for the accuracy, completeness, and quality of all information you provide to Tavari, including but not limited to:
  • Business information (name, address, contact details, business hours, holiday hours)
  • Frequently Asked Questions (FAQs) and responses
  • Product or service descriptions
  • Any other configuration data, instructions, or content
• The quality and accuracy of AI responses directly depends on the quality and accuracy of the information you provide
• You must regularly review and update your business information, FAQs, and settings to ensure accuracy
• Tavari is not responsible for errors in AI responses that result from inaccurate, incomplete, or outdated information provided by you
• You are responsible for verifying and correcting any AI-generated content before relying on it for business decisions

10.4 Limitation of Liability for AI Errors

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAVARI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

• AI-generated errors, inaccuracies, or omissions in call transcriptions, summaries, or messages
• Incorrect AI responses to caller questions or inquiries
• Misinterpretation of caller intent or information by AI systems
• Lost or missed calls due to AI system failures or errors
• Business losses, lost sales, or missed opportunities resulting from AI errors or inaccuracies
• Any reliance on AI-generated content without independent verification
• Consequences of AI responses that do not accurately reflect your business's actual policies, hours, or information

TAVARI'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO AI FUNCTIONALITY, ERRORS, OR INACCURACIES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TAVARI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10.5 User Responsibility for Review and Verification

You acknowledge and agree that:

• You must review all AI-generated call summaries, transcriptions, and messages for accuracy before taking action
• You should verify caller information, contact details, and message content independently before responding to customers
• Tavari is not responsible for any actions you take based solely on AI-generated content without independent verification
• You are responsible for monitoring AI performance and reporting significant issues to Tavari support
• You should not rely exclusively on AI-generated content for critical business decisions without human verification

10.6 No Guarantee of Service Availability or Performance

Tavari does not guarantee that:

• AI systems will be available 100% of the time without interruption
• All calls will be answered, transcribed, or processed correctly
• AI responses will meet your specific requirements or expectations
• AI-generated content will be error-free or suitable for your business needs
• Third-party AI service providers (OpenAI, VAPI, etc.) will maintain continuous availability

You acknowledge that AI services may be subject to temporary outages, performance degradation, or errors due to factors beyond Tavari's control, including but not limited to third-party service provider issues, network problems, or technical failures.

10.7 Third-Party AI Services and Service Providers

Tavari acts as an intermediary platform that integrates and utilizes third-party AI and technology service providers to deliver services. The core AI functionality, voice processing, transcription, and telephony services are provided by third-party providers including but not limited to:

• OpenAI - Provides AI language models and natural language processing capabilities
• VAPI (Voice AI Platform Inc.) - Provides AI voice assistant infrastructure, call handling, and real-time AI interactions
• Telnyx - Provides telephony infrastructure, phone number provisioning, and call routing services
• Deepgram - Provides speech-to-text transcription services
• Other third-party providers as may be integrated from time to time

You acknowledge and agree that:

• Tavari does not develop, own, or control the underlying AI models, algorithms, or telephony infrastructure used to provide services
• Tavari is not responsible for, and disclaims all liability arising from, the performance, availability, accuracy, errors, failures, or limitations of third-party AI service providers
• All AI-generated responses, transcriptions, and call handling are processed by third-party providers, and Tavari serves only as a platform to facilitate access to these services
• Any errors, inaccuracies, failures, or issues with AI functionality are the responsibility of the third-party providers, not Tavari
• Third-party providers may change their services, pricing, terms, or discontinue services without notice, which may affect or terminate Tavari's services
• Tavari may change or replace third-party providers at any time in its sole discretion
• Your use of Tavari's services is subject to the terms, conditions, and policies of these third-party providers
• Any claims, damages, or liabilities arising from AI errors, transcription errors, call failures, or service interruptions should be directed to the responsible third-party provider, not Tavari

Limitation of Tavari's Role: Tavari provides a platform and user interface that integrates with third-party services. Tavari does not warrant, guarantee, or assume responsibility for the accuracy, reliability, or performance of any third-party AI, transcription, or telephony services. Tavari's role is limited to providing access to these services and is not responsible for the quality, accuracy, or outcomes of services provided by third-party providers.

Indemnification by Third Parties: To the extent permitted by law and their respective terms of service, any claims arising from AI functionality, transcription errors, or telephony failures should be pursued directly with the responsible third-party provider (OpenAI, VAPI, Telnyx, Deepgram, etc.), not with Tavari.

11. General Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAVARI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, OR GOODWILL, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO:

• The use or inability to use the Service
• AI-generated errors, inaccuracies, or failures (see Section 10)
• Third-party provider errors, failures, or service interruptions (see Section 10.7)
• Call handling, transcription, or telephony service issues
• Lost or missed calls, messages, or communications
• Business losses, lost sales, or missed opportunities
• Any reliance on AI-generated content without verification

CAP ON LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAVARI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE (INCLUDING AI FUNCTIONALITY, THIRD-PARTY SERVICE ISSUES, AND ALL OTHER CLAIMS) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TAVARI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THIRD-PARTY SERVICE LIABILITY: Tavari specifically disclaims all liability for errors, failures, or issues arising from third-party AI, transcription, or telephony services (OpenAI, VAPI, Telnyx, Deepgram, etc.). Any claims related to such services must be directed to the responsible third-party provider in accordance with their respective terms of service and dispute resolution procedures. Tavari's liability is limited to its role as a platform intermediary and does not extend to the underlying services provided by third-party providers.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, Tavari's liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tavari, its officers, directors, employees, agents, subsidiaries, affiliates, and licensors from and against any and all claims, demands, actions, causes of action, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, court costs, expert witness fees, and expenses) arising out of or relating to:

• Your use of the Service, including any AI-generated content, transcriptions, or responses
• Your violation of these Terms of Service
• Your violation of any applicable laws, regulations, or third-party rights
• Your content, data, or information that you provide through the Service
• Any errors, inaccuracies, or issues resulting from your provision of inaccurate business information, FAQs, or configuration data
• Your failure to review, verify, or correct AI-generated content before relying on it
• Any claims brought by third parties (including your customers) arising from AI errors, transcription errors, or service failures

Third-Party Provider Claims: In the event of any claim, lawsuit, or proceeding arising from or relating to AI functionality, transcription errors, call handling failures, or telephony service issues, you agree to first pursue such claims directly with the responsible third-party provider (OpenAI, VAPI, Telnyx, Deepgram, etc.) in accordance with their respective terms of service, and only to the extent such claims cannot be resolved through the third-party provider's dispute resolution process shall such claims be directed to Tavari, subject to the limitations of liability set forth in these Terms.

Right to Counter-Claim: Tavari reserves the right to assert counter-claims, cross-claims, and third-party claims against you or any other party in connection with any legal proceeding, dispute, or claim arising from or relating to the Service or these Terms.

13. Legal Proceedings and Attorney's Fees

13.1 One-Way Fee-Shifting Provision

In the event of any legal proceeding, dispute, lawsuit, arbitration, or other adversarial proceeding (collectively, a "Proceeding") between you and Tavari arising from or relating to the Service, these Terms, or the relationship between the parties:

• If Tavari substantially prevails on the merits of the case (whether by judgment, settlement, dismissal, summary judgment, or otherwise), you agree to pay Tavari all reasonable costs, expenses, and fees incurred in connection with the Proceeding, including but not limited to:
  • Attorneys' fees and legal fees at all trial and appellate levels
  • Court costs and filing fees
  • Expert witness fees and expenses
  • Investigation costs
  • Discovery costs
  • Deposition costs
  • Travel expenses
  • Other litigation expenses
  • Any other costs reasonably incurred in connection with the Proceeding
• This fee-shifting provision is ONE-WAY only: Tavari is entitled to recover its costs, fees, and expenses if it prevails, but Tavari is NOT obligated to pay your costs, fees, or expenses if you prevail. Each party shall bear their own costs, fees, and expenses unless Tavari prevails, in which case you shall pay Tavari's costs, fees, and expenses.
• This provision applies to all Proceedings, including but not limited to lawsuits, arbitrations, administrative proceedings, enforcement actions, and any other legal or quasi-legal proceedings, regardless of which party initiates the Proceeding.
• If a Proceeding involves multiple claims or issues and Tavari prevails on any material claim, you agree to pay Tavari's reasonable costs, fees, and expenses apportioned to the claims on which Tavari prevailed.

13.2 Recovery of Defense Costs

In addition to the prevailing party provision above, if you initiate or bring any Proceeding against Tavari that is determined to be frivolous, without merit, or brought in bad faith, you agree to pay Tavari's full costs of defense, including all attorneys' fees, expert fees, and expenses, regardless of the outcome of the Proceeding.

13.3 Counter-Claims and Cross-Claims

Tavari reserves the right to assert counter-claims, cross-claims, third-party claims, and any other claims or causes of action against you or any other party in connection with any Proceeding. If Tavari prevails on any counter-claim, cross-claim, or other claim asserted in response to your claims, Tavari shall be entitled to recover all costs, fees, and expenses as set forth in Section 13.1 above. This one-way fee-shifting provision applies equally to counter-claims, cross-claims, and any other claims asserted by Tavari.

13.4 Enforcement of Fee-Shifting Provision

This fee-shifting provision is intended to be enforceable to the fullest extent permitted by law. If any portion of this provision is found to be unenforceable in any jurisdiction, the remainder shall remain in full force and effect, and the parties agree that the court or arbitrator should interpret and apply this provision to maximize its enforceability.

13.5 Separate and Independent

The rights and remedies set forth in this Section 13 are separate and independent from, and in addition to, any other rights and remedies available to Tavari under these Terms, at law, or in equity, including but not limited to the indemnification provisions set forth in Section 12.

14. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

You may terminate your account at any time by contacting support. Upon termination, your right to use the Service will cease immediately, and we may delete your account and data in accordance with our data retention policies.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Tavari operates, without regard to its conflict of law provisions.

17. Contact Information

If you have questions about these Terms of Service, please contact us: