Acceptance of Terms

By accessing or using Cervana AI ("Product" or "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are using our Product on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Product.

Product Description

Cervana AI is an intelligent voice AI agent platform built for customer success teams. Our Product enables businesses to:

Deploy AI-powered voice agents that handle customer interactions instantly and at scale
Answer every call, resolve customer issues, and provide 24/7 availability
Integrate seamlessly with existing phone systems and CRM platforms
Access real-time analytics and conversation insights
Customize AI agent responses and conversation flows for your business needs
Scale customer support operations without increasing headcount

Fees and Payment Terms

Important payment information

Our service requires both initial setup fees and ongoing subscription charges. Please review carefully.

3.1 Setup Fees (One-Time)

A one-time setup fee is required based on your deployment method:

Existing Number Porting: Fee applies for transferring your existing phone numbers to our platform
New Number Purchase: Fee applies for acquiring and configuring new phone numbers
Custom Integration: Additional fees may apply for complex telephony integrations

Setup fees are non-refundable except as outlined in our refund policy (Section 3.5).

3.2 Subscription Fees (Monthly)

Following the initial setup, you will be charged a monthly subscription fee which includes:

Access to the Cervana AI platform
Included minutes based on your plan
Standard support and maintenance
Regular platform updates and improvements

Usage Billing: Minutes in your plan are consumed on a per-second basis during calls. However, for calls lasting less than 60 seconds, a minimum deduction of one minute applies. Additional usage beyond included minutes will be charged at the rates specified in your service agreement.

3.3 Payment Processing

All fees are billed in advance on a monthly basis
Payments are processed automatically using your registered payment method
We accept major credit cards, ACH transfers, and wire transfers for enterprise accounts
All fees are exclusive of taxes unless otherwise stated

3.4 Platform Suspension for Payment Failure

Important: Your AI voice agents will automatically stop working if your payment method results in a failed transaction.

You will receive an immediate email notification of the payment failure
A 24-hour grace period is provided to update your payment information
After the grace period, platform access will be suspended until payment is received
Repeated payment failures may result in account termination

3.5 Refund Policy

3-Day Money-Back Guarantee: We offer a 3-day refund window for genuine and investigated cases.

Refunds may be issued when:

A critical problem occurred within our platform that prevented normal operation
The issue directly resulted in changing the customer's mind or causing frustration
The problem is verified through our investigation process
The refund request is submitted within 3 days of the initial charge

Refunds are NOT available for:

Change of business requirements or priorities
Lack of usage or failure to implement the platform
Issues arising from customer misconfiguration
Requests made after the 3-day window

User Accounts and Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your account information is accurate and up-to-date
Complying with all security requirements and best practices

Acceptable Use Policy

You agree NOT to use our Product to:

Violate any applicable laws or regulations
Engage in fraudulent, deceptive, or misleading practices
Harass, abuse, or harm others
Impersonate any person or entity
Transmit spam, robocalls, or unsolicited communications
Interfere with or disrupt the Platform or servers
Attempt to gain unauthorized access to any systems
Use the Product for any illegal or unauthorized purpose
Violate telecommunications regulations including TCPA, GDPR call requirements
Engage in any activity that violates privacy or data protection laws

Intellectual Property Rights

6.1 Our Intellectual Property

All intellectual property rights in the Product, including software, algorithms, models, and documentation, remain the exclusive property of Cervana AI. You receive only a limited, non-exclusive, non-transferable license to use the Product during your subscription term.

6.2 Your Content

You retain ownership of content you provide to the Platform. By using our Product, you grant us a license to process, store, and use your content solely to provide and improve the Product, subject to our Privacy Policy.

6.3 Feedback

Any feedback, suggestions, or improvements you provide regarding the Product becomes the property of Cervana AI and may be used without compensation or attribution.

Service Level Agreement (SLA)

We strive to maintain high availability and performance standards:

Uptime Target

99.9%monthly platform availability

Support Response

Critical: Within 1 hour

High: Within 4 hours

Standard: Within 24 hours

Maintenance Notice

48 hoursadvance notification

Service Credits

Available for extended downtime as per SLA terms.

Enterprise customers may negotiate custom SLA terms.

Data Protection and Privacy

Your use of our Product is also governed by our Privacy Policy. Key points include:

We process data in accordance with applicable data protection laws
You must obtain necessary consents for data processing and AI interactions
We offer GDPR, CCPA, and HIPAA compliant configurations
Data Processing Addendums (DPAs) are available for enterprise customers
You are responsible for compliance with telecommunications and privacy laws in your jurisdiction

Disclaimers and Limitations of Liability

9.1 Product Disclaimer

THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERVANA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9.3 AI-Specific Disclaimers

You acknowledge that AI systems may produce unexpected results. We do not guarantee that our AI will always provide accurate, complete, or appropriate responses. You are responsible for reviewing and verifying AI-generated content and responses.

Indemnification

You agree to indemnify, defend, and hold harmless Cervana AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of the Product, violation of these Terms, or infringement of any third-party rights.

Termination

11.1 Termination by You

You may terminate your subscription at any time through your account settings. Termination takes effect at the end of your current billing period. No refunds are provided for partial months.

11.2 Termination by Us

We may suspend or terminate your access immediately if you:

Violate these Terms or our Acceptable Use Policy
Fail to pay fees when due
Engage in conduct that may harm our reputation or business
Use the Product for illegal purposes

11.3 Effect of Termination

Upon termination, your right to use the Product ceases immediately. We may delete your data after 30 days unless legally required to retain it. Provisions that by their nature should survive termination will remain in effect.

Modifications to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Platform at least 30 days before taking effect. Your continued use after the effective date constitutes acceptance of the modified Terms. If you disagree with the changes, you may terminate your subscription.

Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Wyoming, United States, without regard to conflict of law principles.

13.2 Arbitration

Any disputes arising from these Terms or the Product shall be resolved through binding arbitration, except where prohibited by law. Class actions and class arbitrations are not permitted.

13.3 Venue

For any disputes not subject to arbitration, you agree to the exclusive jurisdiction of the courts located in Sheridan County, Wyoming.

General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms or Service Agreements, constitute the entire agreement between you and Cervana AI.

14.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

Neither party is liable for failure to perform obligations due to events beyond their reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Contact Information

For questions about these Terms of Service, please contact us:

General Inquiries

Email: contact@cervanaai.com
Phone: +1 (307) 269-6347

Legal Department

Email: contact@cervanaai.com
Response time: 2-3 business days

Mailing Address

CERVANA AI LLC
30 N Gould St Ste R
Sheridan, WY 82801
United States

By using Cervana AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Terms of service.