Terms & Conditions

Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the Alivo SaaS platform ("Service") provided by Alivo, Inc. (referred to as "Alivo" hereafter) that offers mass communication campaigns and conversational AI services. We reserve the right to modify these Terms at any time, and we encourage you to review them frequently. Changes and clarifications will take effect immediately upon their posting on the website.

Definitions

The following terms shall have the meanings set forth in this section, or in the section where they are first used:

"Software" refers to Alivo's proprietary platform, which includes services, data, code, interfaces, associated media, documentation, updates, new releases, and additions.
"Service" denotes the array of functionalities provided by the Software, including but not limited to dispatching, receiving, and responding to bulk communications using NLP models.
"Subscription" signifies the privilege granted to the user to utilize the Service over a defined period, consistent with the specific plan opted for by the user.
"Content" encompasses an array of elements, including but not limited to information, data, text, software, music, sound, photographs, graphics, videos, messages, and other forms of material.
"Confidential Information" refers to any information, whether written, oral, or in any other form, disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
"User" refers to the individual or legal entity identified as the user during registration. Users are obliged to provide accurate and complete information when creating their account. Users are solely responsible for safeguarding the confidentiality of their account password and other login credentials. Furthermore, users accept responsibility for all activities that transpire under their account.
"Authorized User" refers to individuals who have been granted access to use the user's account on their behalf. It is the user's responsibility to ensure that each Authorized User adheres to the terms of the agreement and properly uses the account. The user bears full responsibility for the actions of each Authorized User, including their compliance with and potential violation of the agreement.
"Authorized Representative" is a person who consents to represent the company in dealings with Alivo and with respect to the A2P 10DLC service. They agree to accept any legal and regulatory responsibilities associated with this representation.

Use of the Service

Access to and use of our Service is predicated on your ability to form a legally binding contract with Alivo, Inc., as per applicable law. By using our Service, you agree to adhere to these Terms in addition to complying with all relevant local, state, national, and international laws, rules, and regulations applicable to your use of the Service. This includes but is not limited to laws and regulations pertaining to data privacy, international communications, and the transmission of technical or personal data.

We may, at our discretion, allow you to authorize other users to access and use your Account on your behalf. These additional users, including yourself, will be referred to as "Authorized Users". It is your responsibility to ensure that each Authorized User adheres to the terms of this Agreement and properly uses your Account. You bear full responsibility for the actions of each Authorized User, including their compliance with and potential violation of the Agreement.

You acknowledge and understand that Alivo merely provides the platform for communication and is not involved in the content of the communication or the decision to send such communication. You agree that you are solely responsible for complying with all applicable laws and regulations relating to your use of our Service for communications.

By using our service to send and receive messages, you acknowledge that standard messaging fees imposed by mobile service providers may apply. Please note that these fees are not within our control and may vary based on the carrier and messaging plan chosen by the recipients of the messages. As an organization utilizing our software, you agree that your company will be responsible for any standard messaging fees incurred by end users. We strongly advise you to inform your users about the potential fees associated with text messaging and encourage them to consult with their mobile service provider to understand the specific charges applicable to their messaging plan.

Furthermore, you agree to strictly adhere to all relevant marketing and advertising laws and regulations. This applies to all forms of communication facilitated by our Service, including but not limited to text messages, calls, emails, and social media outreach, whether they be outbound campaigns, inbound campaigns, or any other types of campaigns. When adding contacts to our platform, you expressly represent and warrant that you have obtained all necessary permissions, consents, and opt-ins from your contacts as per applicable laws and regulations. You understand and agree that any unauthorized use of personal data, especially in connection with unsolicited marketing communications, may result in severe penalties under law, and you accept full responsibility for ensuring lawful use.

Phone Number and Use Case Compliance

As a user of Alivo's services, you agree to use the phone number(s) you have registered in association with the specific use case of the brand and campaign specified during A2P 10DLC registration, and discussed during customer onboarding. This requirement is in accordance with the A2P 10DLC regulations and is crucial for maintaining the validity and legality of your campaigns.

You acknowledge and understand that using a phone number outside of its registered use case could result in penalties, including, but not limited to, a decrease in your trust score, suspension or termination of your registration with the A2P 10DLC service, and potential legal repercussions.

Alivo is not responsible or liable for any consequences resulting from a failure to comply with this provision. It is your responsibility as the User to ensure your phone number usage aligns with the registered use case for each campaign you create.

Limitations on Use and U.S. Jurisdiction Compliance

As a user of Alivo Service, you agree to use our platform responsibly and in strict compliance with all applicable laws and regulations within the United States. This encompasses a variety of legal requirements and best practices related to telecommunications, marketing, data protection, privacy, and information security, among others.

Our Service is expressly intended for use within the United States, and by using our Service, you represent and warrant that your usage of the Service complies with all relevant U.S. laws and regulations. Any usage outside of this geographical area is strictly prohibited and may result in the immediate termination or suspension of your access to the Service.

You agree not to use the Service to conduct any activity that would constitute a violation of any local, state, or federal law, or violate any regulations, policies, or guidelines governing Alivo's Service. This commitment includes, but is not limited to:

Respecting and complying with all U.S. telecommunications laws and regulations, including adherence to the requirements of the Federal Communications Commission (FCC).
Ensuring your communication campaigns are in compliance with all relevant U.S. marketing laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and other laws regulating commercial electronic messages.
Maintaining adherence to any and all U.S. data protection and privacy laws applicable to your operations. This requires but is not limited to obtaining valid consent from your contacts, respecting their privacy rights, and using their personal data responsibly and lawfully.

Prohibited activities include, but are not limited to:

Attempting to disrupt, interfere with, or otherwise harm the Service or the servers or networks connected to the Service.
Using the Service to gain unauthorized access to the computer systems or networks of others.
Using the Service in a manner that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service.

You acknowledge and understand that any violation of these regulations, laws, and terms is your responsibility and does not impose any liability on Alivo. Any liability arising from non-compliance with the relevant laws is solely the responsibility of the user and not of Alivo.

Failure to comply with these limitations and the law may result in immediate termination or suspension of your access to the Service and may expose you to civil and/or criminal liability under U.S. law. Further, Alivo has unlimited authority, without notice, to terminate access to the platform at any time for any reason.

Age Restrictions and Compliance with Laws

We place high importance on protecting the interests of individuals under the age of 18, and our Service is not designed for or intended to be used by persons in this age group. You agree that you will not use our Service to communicate with individuals under the age of 18, whether directly or indirectly. Any access or use of the Service by persons under the age of 18, or any attempt to engage in communication with persons under the age of 18 through our Service, is strictly prohibited and constitutes a breach of these Terms.

It is incumbent upon you to ensure the contacts in your campaigns are of the appropriate age, and that you comply with all relevant age verification and protection laws and regulations. This includes but is not limited to the Children’s Online Privacy Protection Act (COPPA) in the U.S. and similar regulations in other jurisdictions, if applicable. You agree to indemnify Alivo from any and all liabilities or damages that may arise from your failure to comply with these age restriction requirements.

Further, you must ensure that your use of our Service does not involve any illegal or unauthorized activities. This includes, but is not limited to, the infringement of intellectual property rights, unauthorized disclosure of confidential or private information, and any other activities that violate local, state, or federal laws in the United States. Any violation of laws in your use of the Service will be deemed a breach of these Terms and may result in immediate termination or suspension of your access to the Service, as well as potential legal consequences.

Your use of our Service signifies your agreement to these restrictions and your understanding of the responsibilities they impose upon you. We reserve the right to take appropriate action in response to any violation of these Terms, including but not limited to reporting violations to the appropriate legal authorities.

Unauthorized Use of the Service

You acknowledge and agree that the Service, including any associated software, such as mobile applications or platforms, is provided for your personal or business use only. Except as expressly permitted in these Terms, you agree not to, directly or indirectly:

Modify, disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service.
Institute, assist, or become involved in any type of attack or unauthorized access to the Service.
Attempt to gain unauthorized access to other accounts registered to the Service.
Use the Service, including any tools provided within the Service, to disrupt or interfere with the use and enjoyment of the Service by other users.
Introduce software or automated agents to the Service, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Service.
Access without authority, interfere with, damage or disrupt any part of the Service, any equipment or network on which the Service is stored, any software used in the provision of the Service, or any equipment, network or software owned or used by third parties.

Moreover, you specifically agree not to use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including without limitation browsers, malware, spiders, robots, avatars, or intelligent agents) to navigate, access, or search the Service, other than (i) the search engines and search agents available through the Service and other than (ii) generally available third-party web browsers. You agree not to extract, scrape, or index the Service or any content posted on the Service for purposes of constructing or populating a searchable database of business reviews, copying copyrighted content, or any other purpose.

You further agree not to make any unauthorized use of the Service's application programming interfaces (APIs). Specifically, you agree not to use the APIs to develop applications or services that offer or promote services that could be used as a substitute for, or in competition with, any services offered by Alivo.

These restrictions apply to all methods of access, including, but not limited to, browsing, downloading, and API calls.

Violations of system or network security may result in civil or criminal liability. Alivo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Alivo, its officers, directors, employees, and agents. In no event shall Alivo be held liable for any unauthorized or unlawful use of the Service by you. You agree to indemnify, defend, and hold harmless Alivo, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms. This includes, but is not limited to, any liabilities arising out of your communication campaigns and your handling of personal data.

User Accounts

Access to certain functionalities of our Service may necessitate the creation of a user account. When creating your account, you are obliged to provide accurate and complete information. You are solely responsible for safeguarding the confidentiality of your account password and other login credentials. Furthermore, you accept responsibility for all activities that transpire under your account. We reserve the right to refuse service, terminate accounts, or remove or edit content without notice if you are in breach of applicable laws, these Terms, or any other applicable terms and conditions or policies. If you suspect any unauthorized use of your account, you should immediately notify us at contact@alivo.ai within 24 hours of the discovery of the breach.

You are responsible for the setup and configuration of the Services, including providing user access. Furthermore, you are responsible for obtaining and maintaining, at your own expense, all necessary telecommunications, computer hardware, software, services, and Internet connectivity required to access the Services over the Internet. Any assistance or guidance provided by Alivo in the setup, configuration, or support of the Services should not be construed as legal advice.

Content

As a user, you assume complete responsibility for your use of our Service and any content you contribute, create, or distribute, including compliance with all applicable laws, rules, and regulations. It is imperative that you only furnish content that you are comfortable sharing in accordance with these Terms. Alivo reserves the right, but is not obligated, to monitor or control any content on the Service or distributed via the Service and we cannot take responsibility for such content. Further, Alivo reserves the right to terminate service, without notice, if content is inappropriate or illegal.

You acknowledge and agree that Alivo is not the sender or initiator of any messages sent using the Service, and you are the sender or initiator for legal purposes. You represent and warrant that you are the creator and owner of the content, or have the necessary licenses, rights, consents, and permissions to authorize Alivo and users of the Service to use and distribute your content.

Intellectual Property Rights

Alivo is the sole owner of all rights, title, and interest, including all intellectual property rights, in and to the Service and all content, features, and functionality thereof, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement. This includes, without limitation, any and all copyrights, patents, trademarks, trade secrets, and other proprietary rights therein. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

You acknowledge that the Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Alivo and its licensors. Nothing in these Terms gives you a right to use the Alivo name or any of the Alivo trademarks, logos, domain names, and other distinctive brand features, whether for commercial or non-commercial use, without our express written permission.

Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will cease immediately, without notice, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Alivo.

You may not, without express prior written permission, do any of the following while accessing or using the Service: (i) tamper with, or use non-public areas of the Service, or the computer or delivery systems of Alivo and/or its service providers; (ii) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Alivo; or (iv) scrape, spider, malware, use a robot, or use other automated means of any kind to access the Service.

Violation and/or attempted violation of these intellectual property rights may result in severe civil and criminal penalties, including damages, monetary penalties, and potential criminal prosecution under federal law, the laws of the State of Delaware, and any other applicable laws and regulations. By using the Service, you agree to respect these intellectual property rights and to refrain from any activity that would infringe upon these rights. In addition, Alivo reserves the right to terminate your Service, without notice, for any attempt or violation of the intellectual property rights of Alivo set forth infra.

A2P 10DLC Registration

You acknowledge and accept responsibility for the accuracy of the information you provide as part of your registration for the A2P 10DLC service. This includes, but is not limited to, your company's legal name, phone numbers, brand details, and campaigns. You agree to provide information that is truthful, accurate, and complete and corresponds to the legal entity of your company. Alivo is not responsible or liable for failed registrations or trust scores that do not meet the expectations of the user. The user assumes all risks and potential damages associated with their A2P 10DLC registration and resulting trust scores. Users should address any grievances, queries, or issues regarding the registration process or trust scores directly to the A2P 10DLC service.

You agree to promptly notify Alivo of any changes in this registration information. Failure to maintain accurate information may result in termination or suspension of your access to the Services without notice. Alivo is not responsible for any loss or issues resulting from your failure to comply with this requirement.

A2P 10DLC Authorized Representative Consent

By agreeing to be the Authorized Representative for your company, you consent to receiving updates and notices about your A2P 10DLC registration. You acknowledge that these updates may include changes to the services, updates on the registration process, and legal notices. You understand and accept that as the Authorized Representative, you have the legal authority to represent your company in dealings with Alivo and with respect to the A2P 10DLC service. You agree to accept any legal and regulatory responsibilities associated with this representation.

Software & Termination

Alivo grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our Service, strictly in accordance with these Terms. We reserve the right, at our sole discretion, to terminate or suspend your license and access to the Service at any time, with or without notice, for any reason or no reason at all. Upon termination, discontinuation, or cancellation of Services or your Account, all the provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Customer agrees not to: (a) Modify, adapt, or create derivative works of the Services (b) Transfer the Services or Documentation to any third party (c) Reverse engineer or attempt to derive the source code of the Services, except as permitted by law (d) Bypass or disable any copy protection or security mechanisms of the Services (e) Use the Services in a manner that competes with Alivo (f) Remove any notice of proprietary rights from the Services (g) Attempt unauthorized access or disrupt the integrity, performance, or security of the Services (h) Use or copy the Services or Documentation, except as expressly permitted. Alivo reserves the right to review and monitor the Services' usage for compliance with this Agreement.

Warranty Disclaimer

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will function uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; or that the Service is free of viruses, malware, or other harmful components. The Customer acknowledges that there may be instances where access to and use of the Services could be temporarily suspended due to scheduled or unscheduled downtime or unavailability. This could be caused by various factors, including power outages, system failures, interruptions, or any other acts, omissions, or failures on the part of Alivo.

Liability

To the fullest extent permitted by applicable federal, state, and local laws and regulations, Alivo, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Service. In no event shall Alivo be liable for the actions or inactions of any third party in connection with your use of the Service.

This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Alivo has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Your sole and exclusive remedy for dissatisfaction with our Services is to stop using the Services. Further, you agree not to bring any claim personally against Alivo's officers or employees in respect of any losses you suffer in connection with the Service or these Terms. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Alivo has been advised of the possibility of such damage.

Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. However, in such cases, Alivo's liability will be limited to the fullest extent permitted by applicable law.

Changes to the Terms

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use the Service or log into the site after these changes come into effect, you agree to be bound by the revised Terms.

Dispute Resolution and Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties agree to resolve the matter in the following manner:

Informal Resolution: Both parties shall make good faith efforts to resolve the dispute informally by contacting each other via email at contact@alivo.ai. They will engage in constructive discussions and negotiations, recognizing their shared interests, with the aim of reaching a just and equitable solution satisfactory to both parties. If the dispute remains unresolved after 30 days of submission, either party may proceed to the next step.
Binding Arbitration: If the informal resolution process fails, either party may initiate binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration shall be conducted in accordance with these rules, and the award rendered by the arbitrator(s) will be binding. Judgment on the award may be entered in any court having jurisdiction.

The parties agree that arbitration provides a fair and efficient means of resolving disputes and waive any right to pursue claims in court, except for enforcement of the arbitration award. This arbitration provision shall survive the termination of this Agreement.

By using the Service, you consent to this dispute resolution process and agree to abide by its terms.

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Privacy Policy

At Alivo, we collect various types of information in an effort to provide and enhance our Service. This includes, but is not limited to:

User-Provided Information: This includes information that you provide directly to us when you register for an account, use our Service, or communicate with us. This may include personal information such as your name, email address, phone number, information about your contacts, as well as any other information you choose to provide.
Company Information: Alivo collects and processes the information provided by users or information obtained through public and third-party sources to process the A2P 10DLC registration process. This information includes the legal name of your company, company phone numbers, brand details, and campaigns.
Usage Information: We collect information about your interactions with our Service, including the communications you send and receive, the dates and times of your interactions, and your use of our features and functionalities.
Device and Technical Information: We may collect information about the device you use to access our Service, including the hardware model, operating system, unique device identifiers, and network information.
Third-Party Information: We may receive information about you from third-party sources, such as marketing partners and publicly available sources.

Definition of Personal Data

For the purposes of this policy, "personal data" refers to any information that identifies, relates to, describes, can be used to contact, or could be linked with a specific individual. This includes but is not limited to your name, email address, phone number, usage information, device and technical information, information about your contacts, and any other data you provide through our Service.

How We Use Your Information

We use the information we collect from you for various purposes, including:

To provide, maintain, and improve our Service by ensuring its functionality and security, troubleshooting issues, analyzing usage, and conducting research and testing.
To communicate with you, including sending you service-related communications, responding to your comments or questions, and providing customer support.
To enable your communication with your contacts using the Service.
To personalize your experience, such as customizing the content and features we show you, including communication campaigns with your contacts and other marketing communications.
To facilitate your registration with A2P 10DLC service, to communicate with you about your registration, and to comply with our legal obligations.
To prevent or detect fraud, abuse, illegal activities, or violations of our Terms of Service, and to ensure the security and integrity of our Service.

Sharing Your Information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

Legal and Safety Purposes: We may share your information if we believe it is necessary to comply with applicable laws, regulations, legal processes, or governmental requests; to detect, prevent, or address fraud, security, or technical issues; or to protect the rights, property, or safety of Alivo, our users, or others.
Business Transfers: If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction.
A2P 10DLC Registration: We may share your company information in order to facilitate A2P 10DLC Registration of your purchased phone numbers, brand, and use cases. Alivo does not sell your A2P 10DLC registration information to third parties. We may share this information with third-party service providers as necessary to facilitate your registration with the A2P 10DLC service and to comply with our legal obligations.
Service Providers: We may share your information with third-party service providers that perform services on our behalf, such as hosting, analytics, customer service, or marketing services. These service providers may access your personal data but are strictly forbidden to use it for their own purposes. They are required to follow the same data protection protocols and standards as we do, ensuring your personal data is secure.

However, we do not sell or otherwise share your personal information with third parties for third party marketing or advertising purposes without your consent.

Use of Cookies

Our Service uses cookies to enhance your user experience. Cookies are small files that are stored on your device. They enable us to recognize your device and remember your preferences. You have the option to block or delete cookies, but doing so may affect the functionality of our Service.

Data Security

At Alivo, we are committed to protecting the security of your personal information. We employ several measures, including encryption and authentication tools, designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

However, it's important to remember that no security measures are perfect or completely impenetrable. We cannot fully eliminate security risks associated with the provision of personal information nor can we guarantee the absolute security of your personal information or any other information entered into the Service.

In addition to our security measures, you as a user have a crucial role to play in protecting and securing your personal information. You are responsible for maintaining the secrecy of your unique password and account information and for controlling access to your email communication with Alivo at all times. We strongly recommend that you use a complex and unique password for your account and avoid disclosing your password to any third parties.

If you believe your account security has been compromised or if you suspect unauthorized use of your account, it's your responsibility to contact us immediately at contact@alivo.ai. We will endeavor to address your concerns as soon as possible. However, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits or revenues, incurred in connection with your failure to maintain the confidentiality of your account.

While we strive to protect your personal information, transmitting information over the internet is never completely secure. Therefore, any transmission of personal data is at your own risk.

Development and Feedback

Alivo is committed to continuous development and ongoing innovation of the Services, which includes introducing new features, functionality, and efficiencies. As part of this commitment, Alivo reserves the right to make periodic modifications to the Services without notice. While certain modifications will be provided at no additional cost, Alivo may require additional fees for the implementation of additional functionality in specific Services. However, the Customer can continue using the Services' generally available version (without the added features) without incurring additional fees.

In the event that the Customer or its Authorized Users provide comments or suggestions regarding the Services (referred to as "Feedback"), Alivo has the sole discretion to use the Feedback without any restrictions. This includes all feedback, including but not limited to written and oral feedback. The Customer acknowledges that the Feedback will not be considered confidential. By providing Feedback, the Customer grants Alivo a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback into Alivo's products and services.

Aggregated or Anonymized Data

We may aggregate or anonymize the information collected from you to the extent that it no longer identifies you personally. This aggregated or anonymized data may be utilized for our own legitimate business purposes, including but not limited to improving the Services, developing new services and products, conducting research, marketing, and enhancing customer experience. Additionally, we may collect and review Customer Marketing Content to further improve and enhance the Services, as well as for other development, diagnostic, and corrective purposes.

Third-Party Websites and Services

Our Service may incorporate or interact with third-party content, websites, services, or platforms, including but not limited to advertisers, online merchants, social networks, or other online services (collectively, "Third-Party Services"). For instance, we may use Third-Party Services for the purpose of enhancing our Service, for making certain features available to you, or for the analysis and optimization of our Service.

These Third-Party Services may have their own privacy policies and may use their own cookies, web beacons, and other technologies to collect and use your personal information. This information could include data about your interactions with our Service, your usage patterns, or personal identifiers such as IP address.

Please be aware that Alivo does not have control over these Third-Party Services or their privacy practices. Our Privacy Policy does not extend to these Third-Party Services and we cannot take responsibility for the content, privacy policies, or practices of any third-party sites or services that you may access through our Service.

We strongly encourage you to review the privacy policies of any Third-Party Services you access through our Service to understand their practices concerning data collection, usage, and sharing. If you need more information about which Third-Party Services we use or if you have questions about how they collect and use your data, please contact us at contact@alivo.ai.

By using our Service, you acknowledge and agree that your interactions with these Third-Party Services are governed by the privacy policies of the respective services. Alivo is not liable for any damages or losses arising from your use of or reliance on these Third-Party Services.

Children’s Privacy

Alivo is committed to protecting the privacy of children. Our Service is not designed for, intended to attract, or directed toward children under the age of 18. In addition, the service cannot be used to communicate with children under the age of 18, as expressed in our terms. We do not knowingly collect or maintain personal information from children under the age of 18. If you believe that we might have any information from or about a child under 18, please contact us immediately at contact@alivo.ai.

International Data Transfers

Alivo is based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

In the event that we need to transfer your information to our service providers or other entities in countries that may not have data protection laws as comprehensive as those of your home jurisdiction, we take reasonable steps to ensure that your personal information is treated securely, responsibly, and in accordance with this Privacy Policy.

These steps may include entering into appropriate data transfer agreements, ensuring the entities to which we transfer your data have suitable data protection measures in place, and regularly reviewing the practices and processes of these entities to ensure compliance.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it, but not longer than permitted by applicable law. After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.

Your California Privacy Rights (CCPA)

If you are a resident of California, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). You have the right to know what personal information we collect, the categories of sources from which we obtained it, our purposes for collecting or selling it, the categories of third parties with whom we share it, and specific pieces of personal information we have collected about you in the past 12 months. You also have the right to request the deletion of your personal information, subject to certain exceptions defined in the CCPA. If we sell your personal information, you have the right to direct us to stop such sales, and to be free from discrimination for exercising your rights under the CCPA.

Automated Decision-Making and Profiling

At Alivo, we may utilize automated decision-making processes, including profiling, as a part of our Service. Such automated decisions are made based on the information we collect about you, enabling us to tailor your experience, analyze trends, optimize our Service, and potentially offer direct marketing. However, it's crucial to understand that while these automated decisions could impact the services and features we offer you, they are dependent on the data provided by you.

While we take every effort to ensure that automated decisions do not negatively affect you, Alivo is not liable for any damages, misunderstandings, or miscommunications arising from these AI-generated decisions. If you have any questions or concerns about our decision-making process, we invite you to reach out to us at contact@alivo.ai.

AI Processing and Profiling

We employ automated decision-making processes and artificial intelligence (AI) technology, including Natural Language Processing (NLP), in the provision and improvement of our Service. This technology allows us to enhance your communication experience, perform analysis, and personalize the interactions with your contacts and you. Please note that these automated decisions are based on the information we collect from you, which can potentially impact the services and functionalities we offer you.

Moreover, as a part of our Service, we utilize your data to train and improve our AI models. This may result in the AI generating communications or responses that may not entirely align with your intended messaging. However, it is essential to understand that the AI's outputs are formulated based on the information provided and not on Alivo's independent will or discretion.

We are committed to ensuring that the automated decisions derived from our AI will not have a significantly detrimental effect on you. If any concerns arise about our AI decision-making process, we encourage you to contact us at contact@alivo.ai.

Additionally, Alivo will not be held liable for any consequences resulting from your usage of our AI-powered Service, including any misunderstandings, miscommunications, or damages incurred as a result of the AI's outputs. Users are expected to exercise their discretion and judgment when using the AI-provided communications, and it remains the user's responsibility to ensure the appropriateness and legality of all communications facilitated by our Service.

Disclaimer

While Alivo is committed to safeguarding your personal data, it is important to understand that no method of transmission over the Internet, or method of electronic storage, is 100% secure. As such, we make no warranties as to the security or privacy of your personal data. You understand and agree that you share and/or transmit your personal data entirely at your own risk.

Our Service is provided on an "as is" and "as available" basis, without any express or implied warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Alivo shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from any aspect of your use of the Service.

Data Breach

In the event of a data breach that compromises your personal data, Alivo will take reasonable steps to investigate the situation, mitigate its effects, and prevent such incidents in the future. Our actions may include, but are not limited to, internal review, strengthening our security measures, and cooperation with law enforcement authorities.

We will also notify you as soon as reasonably practicable, and in accordance with our legal obligations, following the detection of a data breach. However, Alivo is not liable for any damages, identity theft, loss of profits, or any other consequences you may suffer as a result of a data breach.

Under Delaware law, we disclaim any implied warranty that our Service will be free from data breaches or cyber-attacks. We are also not required to indemnify you for any loss, damages, or liabilities arising out of a data breach or cyber-attack.

Moreover, you agree to assume the inherent risk associated with the use of an online platform, which despite best efforts, may not provide perfect security. Therefore, your use of the Service constitutes your understanding and acceptance of this risk.

Limitations on Liability

In accordance with and to the maximum extent permitted by applicable law, Alivo, its affiliates, directors, employees, agents, licensors, and their respective successors and assigns, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits or revenues, loss of data, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, arising out of or in connection with your use or inability to use the Service, regardless of the foreseeability of those damages.

This includes, but is not limited to, damages or loss resulting from unauthorized access to, disclosure of, alteration of, or use of your personal information, even if we have been advised of the possibility of such damages. It also encompasses any claim, cause of action or dispute you have against any third party, including any provider of Third-Party Services, arising out of your use of the Service.

The total liability of Alivo, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).

Dispute Resolution and Arbitration Agreement

You and Alivo agree that any dispute, claim or controversy arising out of or relating to this agreement or to your use of the Service (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You acknowledge and agree that you and Alivo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Alivo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, as modified by this agreement. The AAA's rules are available at www.adr.org. A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA's rules.

By agreeing to these terms, you expressly acknowledge and agree that you are waiving any right to pursue or participate in a class action, collective action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member.

Consent

By using our Service, you are giving your consent for us to collect, process, and store your personal data as described in this policy. You may revoke your consent at any time by contacting us at contact@alivo.ai. However, revoking consent may affect your ability to use some parts of our Service.

Policy Acceptance

By using our Service, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, you should not use our Service. Your continued use of the Service following the posting of changes to this policy will be deemed as your acceptance of those changes.

Your Privacy Rights

Depending on your region, you may have certain rights under applicable data protection laws. These may include the right to: (i) request access and obtain a copy of your personal data, (ii) request rectification or erasure; (iii) restrict the processing of your personal data; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal data.

Changes to This Policy

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide additional notice such as adding a statement to our homepage or sending you an email notification. We encourage you to review the Privacy Policy whenever you access the Service to stay informed about our information practices and the ways you can help protect your privacy.

Contact Us

If you have any questions about these Privacy Policy, please contact Alivo at: contact@alivo.ai.