Terms of Service

These Terms of Service (“Terms”) form a binding agreement between pivex.ai (“pivex.ai,” “we,” “us”) and the entity that subscribes to the service (“Customer,” “you”). By signing in, accepting an invitation to a pivex.ai organization, or using the service, you agree to these Terms. If you’re accepting on behalf of a company, you represent that you have authority to bind that company. If you don’t agree, don’t use the service.

If a separately signed master subscription agreement, order form, or data processing addendum exists between pivex.ai and your organization, that document controls to the extent of any conflict with these Terms.

• Service — the pivex.ai AI phone receptionist platform, including the dashboard, voice runtime, and APIs.
• Caller — a person who places a call to a phone number that pivex.ai answers for the Customer.
• Customer Data — data the Customer or its users submit to the Service, plus call audio, transcripts, and summaries generated from inbound calls answered for the Customer.
• Documentation — the user-facing help, API docs, and policy pages published by pivex.ai.
• Subscription Term — the period for which the Customer is paying (monthly or annual, as selected on the order form or in the billing portal).

pivex.ai provides an AI phone receptionist that answers inbound calls on behalf of the Customer. Standard capabilities include answering, qualifying, transferring to a human, taking messages, and booking discovery calls into the Customer’s configured calendar.

We may modify, add, or remove features over time. Material removals affecting paying Customers will be communicated by email with reasonable advance notice.

pivex.ai is offered on an invite-only basis to legitimate businesses represented by individuals at least 18 years old. You’re responsible for keeping your sign-in credentials secret. Don’t share accounts; create separate member accounts for each user from the admin panel.

Customer admins may invite, suspend, or remove members of their organization at any time. pivex.ai may suspend or remove individual accounts that violate these Terms, even where the Customer hasn’t done so.

pivex.ai provides the platform; you operate the receptionist for your business. You are responsible for:

• Telephony and recording laws. The lawful processing of inbound calls, including obtaining any consent required by U.S. state law (including all-party-consent states) or other jurisdictions, and posting any disclosures the law requires.
• Industry licensing.Holding any license your business is required to hold (mortgage / NMLS, insurance / NAIC, financial advisory, accounting, etc.) and ensuring your configuration of the Service does not cause pivex.ai to give advice you’re not licensed to give.
• Configuration accuracy. The accuracy of the business hours, transfer numbers, calendar URLs, prompt overrides, and other settings you configure.
• Notice to Callers. Confirming that the recording-and-AI notice played by the receptionist (combined with your own signage, website disclosures, or consents) satisfies the law where you operate.
• Lawful basis to process Caller data. Where pivex.ai acts as a processor of Caller data on your behalf, you warrant that you have a lawful basis to instruct that processing.
• Member conduct. The acts and omissions of the members you invite to your organization.

pivex.ai is a tool, not a substitute for licensed professionals or for legal, tax, financial, or medical advice.

You agree not to, and not to permit anyone to:

• Use the Service to record a call in violation of an applicable law on call recording or wiretapping.
• Use the Service to make outbound calls without recipient consent where consent is required, or to send any communication that violates the U.S. TCPA, CAN-SPAM, or analogous laws abroad.
• Configure the Service to give specific legal, medical, financial, or other advice the Customer is not licensed to provide.
• Use the Service for harassment, deception, or to impersonate any person or entity.
• Reverse engineer, copy, or attempt to extract the source code or underlying models of the Service except where such restriction is prohibited by law.
• Probe, scan, or test the vulnerability of the Service except under a written authorization or via security@pivex.ai.
• Use the Service to build a competing product, train a foundation model, or for any benchmarking or feature-comparison purpose without our prior written consent.
• Upload or transmit malware, attempt to overload the Service, or interfere with another Customer’s use of the Service.
• Resell or sublicense the Service except under our written reseller program.

We may suspend access immediately if continued use poses a risk to the Service, our other Customers, or any third party.

Ownership. Customer Data belongs to you. You grant pivex.ai a worldwide, non-exclusive, royalty-free licence to host, transmit, process, display, and otherwise use Customer Data solely to provide and improve the Service for your organization, to enforce these Terms, and to comply with the law.

No use for model training. pivex.ai does not use Customer call audio, transcripts, or summaries to train general-purpose AI models. Inference providers we use to power the Service are bound by data-use terms that prohibit training on our inputs.

Improvement of the Service. We may use de-identified or aggregated information derived from the Service (where the result cannot reasonably be used to identify any person or Customer) to operate, secure, and improve the Service.

Our handling of personal data is described in the Privacy Policy. The Privacy Policy is incorporated by reference. A Data Processing Addendum suitable for GDPR / UK GDPR / Swiss / California-business-to-business arrangements is available to qualifying Customers on request to privacy@pivex.ai.

Plans. pivex.ai is sold on subscription tiers (Starter, Pro, Enterprise) priced as set out in your order form or the billing portal at the time of purchase. Usage outside the included allowance may incur additional charges, communicated in-product before they accrue.

Payment. Fees are charged in advance for each Subscription Term to the payment method on file. Failed collections may result in suspension of the Service after reasonable notice.

Taxes.Fees are exclusive of applicable taxes, duties, and government charges. You’re responsible for those, except taxes assessed on pivex.ai’s income.

Price changes.We may change prices for future Subscription Terms with at least 30 days’ notice. Continued use after the change takes effect is acceptance.

Subscriptions auto-renew at the end of each Subscription Term unless cancelled. You may cancel at any time from the billing portal; cancellation takes effect at the end of the current Subscription Term. Except where required by law, fees already paid are non-refundable.

By the Customer. You may terminate by cancelling the subscription as set out in Section 10.

By pivex.ai for cause.We may suspend or terminate access immediately if you breach these Terms (in particular the Acceptable Use section), if continued provision creates legal risk, or if you fail to pay after reasonable notice. We’ll tell you the basis for any termination for cause.

By pivex.ai for convenience.We may discontinue the Service or any plan with reasonable advance notice. If a paid Subscription Term is cut short for our convenience (and not for cause), we’ll refund the unused portion of pre-paid fees.

On termination your right to use the Service ends. We’ll make Customer Data available for export for at least 30 days after termination, after which it is deleted on the schedule described in the Privacy Policy. Sections that by their nature should survive — e.g. Customer Data ownership, fees owed, warranty disclaimers, limits of liability, indemnification, governing law — survive termination.

We aim for high availability but the Service is provided on a best-effort basis unless your order form specifies an SLA. Maintenance windows, third-party outages (carrier, hosting, inference, calendar), and other events outside our reasonable control may interrupt the Service. We’ll work in good faith to restore availability promptly.

Features designated “beta,” “preview,” “experimental,” or similar are provided as-is, may change or be removed, and are excluded from any availability commitments. Use them at your own risk and with appropriate backups.

pivex.ai, the Service, the Documentation, and all related intellectual property are owned by pivex.ai and its licensors. We grant you a non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription Term in accordance with these Terms. No other rights are granted by implication or estoppel.

If you give us feedback, suggestions, or ideas about the Service (“Feedback”), we may use it without restriction or compensation. You retain ownership of the underlying content of any Feedback.

Except where prohibited by law, the Service is provided “as is” and “as available.” pivex.ai disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted or error-free, or that AI-generated transcripts, summaries, or routing decisions will be accurate or free from omission.

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost data, or business interruption, even if advised of the possibility of such damages.
• Each party’s aggregate liability arising out of or relating to these Terms or the Service is capped at the fees paid by the Customer to pivex.ai in the twelve (12) months preceding the event giving rise to liability.
• These limits do not apply to a party’s indemnification obligations, breach of confidentiality, infringement of the other party’s intellectual property, gross negligence, wilful misconduct, or fraud, or to liability that cannot be limited under applicable law (such as personal injury caused by negligence in some jurisdictions).

By you. You will defend, indemnify, and hold pivex.ai harmless from any third-party claim arising from (i) your breach of Section 5 (Customer Responsibilities) or Section 6 (Acceptable Use); (ii) Customer Data or its handling by you; (iii) your violation of any law in connection with your use of the Service; or (iv) the conduct of the members you authorize.

By us.We will defend, indemnify, and hold you harmless from any third-party claim that the Service, when used in accordance with these Terms, infringes a U.S. intellectual property right of that third party. Our obligation does not cover (a) Customer Data, (b) modifications you made or directed, (c) your combination of the Service with anything we didn’t provide, or (d) use after we asked you to stop.

Indemnification is conditioned on prompt written notice of the claim, sole control of the defence by the indemnifying party (with the indemnified party’s reasonable cooperation), and no settlement of the claim without the indemnified party’s prior written consent if it admits fault on the indemnified party’s behalf.

Neither party is liable for delays or failures to perform caused by events outside its reasonable control, including acts of God, war, terrorism, civil disturbance, labour disputes, government action, internet or telecommunications failure, denial-of-service attacks, and pandemics — except for payment obligations.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any action that is not subject to mandatory arbitration under applicable law.

Informal resolution first. Before filing an action, the parties will try in good faith to resolve any dispute by writing to legal@pivex.ai and conferring within 30 days.

Class action waiver. Each party waives any right to bring or participate in a class, collective, or representative action arising out of these Terms, to the extent permitted by law.

(Customers based outside the United States: where the law of your jurisdiction requires that your local law govern, we will apply that law to the extent the law requires.)

We may update these Terms from time to time. Material changes will be communicated to active Customers by email at least 30 days before they take effect, where reasonably practicable. Continued use after the change takes effect is acceptance. If you don’t agree, your remedy is to cancel before the change takes effect.

Notices to you may be sent by email to the address on file for your organization, by in-product notice, or by post. Notices to pivex.ai must be sent to legal@pivex.ai and are effective on receipt.

• Entire agreement. These Terms, together with any signed order form and the Privacy Policy, are the entire agreement on this subject and supersede prior discussions.
• Severability. If a clause is unenforceable, the rest stays in effect.
• No waiver.A failure to enforce a right isn’t a waiver.
• Assignment.You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets that isn’t a competitor of pivex.ai. We may assign without restriction.
• Independent contractors. The parties are independent contractors. Nothing here creates a partnership, agency, or employment relationship.
• U.S. government end users.The Service is a “commercial item” under FAR 2.101. Use, duplication, and disclosure are subject to these Terms.
• Export control. You may not use or export the Service in violation of U.S. export laws.

• Legal: legal@pivex.ai
• Privacy: privacy@pivex.ai
• Sales: hello@pivex.ai
• Reseller program: partners@pivex.ai