1. Definitions
"Awaz.ai" refers to Digital Influencers Co. and its directors, officers, employees, agents, and affiliates. "You" or "Your" refers to any user of the Service (as defined below).
2. Description of Service
Awaz.ai provides an artificial intelligence phone calling system and related services (collectively, the "Service"). Your use of the Service is governed by these Terms of Service ("Terms").
3. Acceptance of Terms
By using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Service. These Terms expressly supersede and replace any prior agreements or understandings, written or oral, relating to the Service.
4. Modification of Terms
Awaz.ai reserves the right, at its sole discretion, to modify these Terms, including the Privacy Policy and other policies incorporated herein, at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms.
5. Eligibility
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.
6. Prohibited Uses. You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:
- Criminal activities
- Malicious, fraudulent, or illegal purposes
- Infringement of Awaz.ai or third party intellectual property rights
- Defamatory, harassing, abusive, or threatening use
- Distribution of unauthorized spam
- Transmission of viruses, malware, or other destructive code
- Gathering or transmitting personal information without consent
- Interference with service functionality or security features
7. User Content
You are solely responsible for any content you contribute, post, or transmit via the Service ("User Content"). You guarantee that your User Content complies with the Acceptable Use Policy (see below). Awaz.ai does not claim ownership of User Content. However, by submitting User Content, you automatically grant Awaz.ai a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, store, reproduce, modify, create derivative works, publish, distribute and sublicense your User Content in connection with operating and providing the Service.
8. Acceptable Use Policy
You agree not to upload, post, host, or transmit any User Content that:
- Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, contains pornography, or racially, ethnically or otherwise objectionable
- Encourages criminal conduct or provides instructional information about illegal activities
- Infringes any third party's intellectual property or publicity rights
- Constitutes unauthorized spam or bulk communications
- Contains software viruses or malware designed to interrupt, destroy, or limit Service functionality - Burdens infrastructure in a way that negatively impacts Service performance, including "denial of service" attacks
- Attempts to gain unauthorized access to other accounts, computer systems, or networks connected to the Service
- Uses automated means to access the Service that are not permitted by Awaz.ai - Collects information about Service users without obtaining consent
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
Awaz.ai has sole discretion to determine whether User Content violates this Acceptable Use Policy. Awaz.ai may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.
9. User Account
To access certain features, you may be required to register and create a user account. When you register, you agree to: (a) provide accurate, current and complete account information, (b) maintain and promptly update your information, (c) maintain the confidentiality of your login credentials, and (d) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you. You may not select an inappropriate username that violates this Agreement or impersonates someone else.
10. Privacy Policy
Our Privacy Policy is incorporated into these Terms by reference. Please read the full Privacy Policy at https://www.awaz.ai/privacy-policy before using the Service. The Privacy Policy governs our collection and use of your information.
11. Ownership; Proprietary Rights
The Service is owned and operated by Awaz.ai. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Service (collectively, “Materials”) are owned by Awaz.ai and are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights. All Materials are the copyrighted property of Awaz.ai or its subsidiaries or affiliates under the laws of the United States and other countries. Awaz.ai reserves all rights not expressly granted in these Terms.
12. Feedback
If you provide Awaz.ai with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service ("Feedback"), you hereby assign to Awaz.ai all right, title, and interest in that Feedback, including all intellectual property rights. Awaz.ai may use and share any Feedback without restriction or compensation to you.
13. Indemnification
You agree to fully indemnify, defend, and hold harmless Awaz.ai from and against any and all claims, damages, liabilities, losses, investigations, inquiries, costs, and expenses (including attorneys’ fees and court costs) that arise out of or result from (i) your use or misuse of the Service, (ii) your violation of these Terms, and (iii) your violation of any rights of another. Awaz.ai reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in that defense. You agree that the provisions in this paragraph will survive any termination of your account or the Service.
14. Disclaimers
THE SERVICE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AWAZ.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AWAZ.AI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
15. Limitation of Liability
AWAZ.AI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE ACCESS OR USE OF THE SERVICE OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR MATERIALS IS TO STOP USING THE SERVICE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF AWAZ.AI FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such jurisdictions, Awaz.ai’s liability is limited to the greatest extent permitted by law.
16. Termination
Awaz.ai may terminate your access and use of the Service, at any time and for any reason. Awaz.ai may suspend or terminate your account if you violate these Terms, abuse the Service, use the Service in a way not intended, commit fraud, or violate any applicable law. If your access is terminated, your account will be deactivated and you may no longer be able to access your account or any files or other content contained in the account, and Awaz.ai will have no liability to you.
17. Governing Law
These terms shall be governed and construed in accordance with the laws of United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
18. Modification
Awaz.ai reserves the right, at its discretion, to change these Terms at any time. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If any change is unacceptable to you, your sole remedy is to cease using the Service.
19. Miscellaneous
If any provision of these Terms is found unenforceable, it shall be severed without affecting enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Awaz.ai. No person or entity not a party to these Terms is an intended third party beneficiary, and no provision hereunder confers any right or benefit to such third party. Awaz.ai may assign its rights and obligations under these Terms.
20. Entire Agreement
These Terms constitute the entire agreement between you and Awaz.ai with respect to the Service.
ADDITIONAL TERMS
Awaz.ai Terms of Service
1. Subscriptions: Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Awaz.ai cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Awaz.ai customer support team.
A valid payment method, including Credit Card or PayPal, is required to process the payment for your Subscription. You shall provide Awaz.ai with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Awaz.ai to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Awaz.ai will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
2. Free Trial: Awaz.ai may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Awaz.ai until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Awaz.ai reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
3. Fee Changes: Awaz.ai, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Awaz.ai will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
4. Refunds: All subscriptions and charges billed by Awaz.ai are non-refundable. Certain refund requests for charges may be considered by Awaz.ai on a case-by-case basis and granted in sole discretion of Awaz.ai.
5. Service Suspension: Awaz.ai reserves the right to immediately suspend or terminate your use of the Service if it determines that your calling activities do not comply with applicable laws or these Terms.
6. Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Service, including Federal Communications Commission regulations regarding telemarketing calls, autodialed calls, prerecorded calls, and unsolicited advertisements. You will not use the Service for any unlawful purpose, including violating federal and state telemarketing laws.
7. Prohibited Uses: You may not use the Service to make any calls to emergency telephone lines, public safety answering points, health care facilities, or any service for which the called party is charged for the call. You may not use the Service to engage in spamming or other abusive calling practices. Awaz.ai reserves the right to limit calling frequency to prevent unlawful calling activity.
8. Limitations on Use: You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. Awaz.ai reserves the right to request evidence of such consent or business relationship.
9. Caller ID: You must properly identify yourself on outbound calls by transmitting accurate Caller ID information for all calls. You may not block Caller ID information, use an anonymous phone number, or misrepresent the originating phone number or identity of the caller.
10. Cooperation: Awaz.ai reserves the right to cooperate with any law enforcement authorities or regulators regarding any suspected illegal, fraudulent, or improper use of the Service. This may include disclosing information about your use of the Service and account.
11. Changes to Compliance Requirements: Awaz.ai reserves the right to modify the Service to comply with any changes in applicable laws or regulations regarding calling practices, spam, and telemarketing. Your continued use of the Service after any such changes constitutes your acceptance. If any change is unacceptable, you must immediately cease using the Service.
