Terms of Service

1. Agreement to Terms, Parties, and Apple Acknowledgment

These Terms of Service ("Terms") govern your use of the Cavorite mobile application ("Licensed Application") and related services (collectively, the "Platform") provided by Cavorite AI LLC ("we", "us", "our", or "Licensor"). By downloading, installing, or using the Licensed Application or accessing the Platform, you ("you" or "End-User") agree to these Terms, concluding a legally binding contract with Cavorite AI LLC.

You and the End-User acknowledge that these Terms are concluded between Cavorite AI LLC and the End-User only, and not with Apple Inc. ("Apple"). Cavorite AI LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms may not provide for usage rules for Licensed Applications that conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms (which you acknowledge you have had the opportunity to review).

If you do not agree to these Terms, do not use the Licensed Application or Platform.

2. Scope of License

The Licensed Application is licensed, not sold, to you. Subject to your compliance with these Terms, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You may not transfer, redistribute, or sublicense the Licensed Application. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except to the extent permitted by applicable law or by the licensing terms governing any open-source components included with the Licensed Application.

Licensor reserves all rights in and to the Licensed Application not expressly granted to you under these Terms.

3. Maintenance and Support

Cavorite AI LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required under applicable law. You and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Description of Service

Cavorite is an AI phone receptionist. The Platform answers inbound calls placed to a phone number associated with your account, conducts conversations using artificial intelligence, books appointments, transfers calls to a human number when so configured, and provides a mobile application for real-time call monitoring and review of call history.

The Platform is designed for inbound call handling and customer-initiated follow-up communication. It is not designed for outbound telemarketing, robocalling, or mass-marketing campaigns.

You may upload documents, configure greetings, configure transfer rules, connect calendar integrations, and otherwise customize the behavior of your AI receptionist. The AI uses the materials you provide to inform its responses to callers.

5. User Accounts and Security

You must register an account to access the Platform. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity under your account, including all calls handled, SMS sent, and subscriptions purchased
• Notifying us immediately of any unauthorized use of your account or other security breach

We may suspend or terminate accounts that violate these Terms, engage in suspicious activity, or fail to respond to compliance inquiries.

6. Privacy, Verification, and Communications

(a) Privacy Policy

Our Privacy Policy explains in detail how information you and your callers share with the Platform is collected, stored, used, and eventually deleted.

(b) Caller Consent and Recording Storage

Operating an AI receptionist means another person's voice, words, and personal details flow through the Platform whenever a call comes in. You confirm that you have obtained, and will continue to obtain, every consent required by applicable privacy and telecommunications laws before caller communications are captured, recorded, transcribed, analyzed, transmitted, or stored by the Platform or by the third-party infrastructure providers we engage to operate it.

You acknowledge and agree that, as part of providing the Platform, call audio, transcripts, summaries, and related metadata are stored and processed on infrastructure controlled by Cavorite AI LLC and by our third-party service providers, and remain there for the retention periods described in our Privacy Policy. Section 11 sets out your specific recording and AI-disclosure obligations for inbound calls, Section 18 governs how the resulting Customer Content is treated, and Section 19 covers third-party services more broadly.

(c) Identity Verification by One-Time Password

To confirm that you are who you say you are when you create or modify your account, we deliver a one-time password ("OTP") to the email address you provide and, where applicable, to the mobile phone number you enter. Submitting either contact point constitutes your consent to receive that verification message. Wireless-carrier message and data rates may apply to OTP SMS. OTP delivery is used only for verification and account security; we do not use these channels for marketing.

(d) Transactional Communications

While your account is active, we will send you messages that are operationally necessary, including (without limitation) billing receipts, payment-failure notices, security and login alerts, renewal reminders, changes to these Terms or the Privacy Policy, and notifications about calls or appointments you have asked to be alerted on. Because these communications are part of the service itself, they cannot be unsubscribed from while the account remains open.

(e) Product and Marketing Communications

From time to time we may also email the address tied to your account with product updates, new-feature announcements, educational material, customer-success outreach, or other commercial messages. Every such email will carry a clearly visible unsubscribe option. Unsubscribing removes you from these optional messages but does not affect the transactional category described above.

(f) No Sale of Your Contact Information

Information you submit through our contact form, signup flow, or support channels is used to respond to you and to operate the service. We do not sell or rent your name, email, phone number, or other contact details to third parties for advertising or marketing purposes.

7. Subscriptions and Auto-Renewal

Before you subscribe, read carefully. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method automatically.

Subscription Terms

• Monthly plans renew every 30 days at the then-current monthly rate
• Annual plans renew every 365 days at the then-current annual rate

Automatic Charges

You will be charged automatically on each renewal date unless you cancel before that date. We will send a renewal reminder by email at least 7 days before charging annual subscriptions.

Free Trial Terms

If a free trial is offered, you must cancel before the trial ends to avoid being charged. The trial converts to a paid subscription automatically without further notice. By starting a trial, you authorize automatic charges when the trial ends.

Cancellation Deadline

You must cancel before the next renewal date to avoid being charged. Cancellations take effect at the end of the current billing period; you retain access until then.

How to Cancel

1. In-app: Settings → Billing → Cancel Subscription
2. Email: contact@cavorite.ai with subject "Cancel Subscription"
3. Apple App Store purchases: Settings → [Your Name] → Subscriptions → Cavorite → Cancel Subscription
4. Google Play purchases: Google Play Store → Menu → Subscriptions → Cavorite → Cancel Subscription

Price Changes

We may change subscription prices with at least 30 days advance notice. Price changes apply to renewals after the notice period. You may cancel before a price change takes effect to avoid the new price.

Consent Not Required for Purchase

Subscribing is optional. Your agreement to auto-renewal is not a condition of any other purchase.

8. Plans, Billing, and Refunds

Plan tiers, included usage (minutes, phone numbers, businesses), overage rates, and pricing are described within the Platform and on cavorite.ai/pricing. The rates in effect at the time of your subscription or renewal apply. Plans may be modified from time to time; modifications take effect as described in Section 7 and Section 26.

Payments are billed in advance. Unused minutes or credits do not roll over to subsequent billing periods and may expire at the end of each billing period as specified in your plan.

We offer a 30-day refund period from your initial subscription purchase. After 30 days, subscription payments are non-refundable. To request a refund within the eligible period, email contact@cavorite.ai.

Cavorite AI LLC will not refund usage already consumed (minutes used, SMS sent, phone numbers provisioned). Refunds for purchases made through the Apple App Store or Google Play Store are handled according to those stores' policies and may require contacting Apple or Google directly.

9. Phone Number Provisioning and Retention

When you set up the Platform, we may provision a phone number on your behalf or configure call forwarding from your existing number. Phone numbers provisioned through the Platform are operationally controlled by Cavorite AI LLC for the duration of your subscription.

Upon termination, suspension, or non-payment:

• Numbers may be retained for up to 30 days, during which you may request porting to another carrier
• After 30 days, numbers may be released back to the carrier pool and are no longer recoverable
• You are responsible for initiating port-out requests with your destination carrier within the retention window

For numbers you "bring your own" through call-forwarding setup, your existing carrier relationship is unaffected by termination of these Terms; you retain ownership of the underlying number.

We do not guarantee that any specific phone number, area code, or vanity arrangement will be available, retainable, or portable. Carrier acceptance of any incoming or outgoing port request is outside Cavorite AI LLC's control; plan your port-related decisions accordingly.

10. Acceptable Use and Restrictions

You agree NOT to use the Platform:

• For any illegal, fraudulent, harassing, threatening, defamatory, or abusive purpose
• To make unauthorized robocalls, spam calls, or violate the TCPA, Do Not Call lists, or state calling laws
• To attempt unauthorized access to our systems
• To remove proprietary notices
• For impersonation, identity fraud, or to deceive callers about the identity of the business behind the call
• To interfere with Platform operations
• To bypass payment systems or usage limits
• For emergency services (see Section 13)
• To infringe intellectual property or privacy rights
• To collect personal information from callers without proper consent
• In violation of any law, including export controls
• To deliver content that is unlawful, threatening, defamatory, obscene, or that exploits minors
• To reverse-engineer, scrape, mass-extract data from, or rebuild the Platform or its underlying models

You must also comply with applicable third-party agreements when using the Platform (for example, your wireless data service agreement).

We reserve the right to access, review, and analyze limited portions of calls, transcripts, and messaging records where reasonably necessary to investigate abuse, enforce these Terms, comply with law, maintain Platform security, or protect the integrity of the Platform. Violations may result in suspension, account termination, and forfeiture of any prepaid balances.

11. Calling Compliance, Recording Consent, and AI Disclosure

Read carefully. Federal and state communications laws place meaningful liability on businesses that place or receive automated calls, particularly when those calls are recorded or use synthetic voices. Liability under the Telephone Consumer Protection Act ("TCPA") can run from $500 to $1,500 per call with no aggregate ceiling, and the Federal Communications Commission's willful-violation fines may add up to $10,000 per call on top. You are the regulated entity for the calls handled through your account, and you accept sole responsibility for staying compliant.

As between you and Cavorite AI LLC, you exclusively control the recipients, timing, content, purpose, and initiation of all calls and messages handled through the Platform. Cavorite AI LLC acts solely as a technology service provider that operates the AI receptionist on your behalf according to your configuration.

(a) Recording Consent Across States

Some states allow a call to be recorded when any one party to the call has consented; others require consent from every party. The all-party states are currently California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

Two-party-consent states: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington.

When a call crosses a state boundary, the stricter rule governs. If a call you receive or place involves an all-party state at either end, your AI greeting must tell the caller that the call is being recorded before any substantive exchange begins.

The Platform records calls by default so that transcripts, quality review, and your monitoring tools work. Enabling the recording-consent announcement in your settings, choosing greeting language that meets your state's requirements, and confirming the announcement actually plays before you go live are your responsibility, not ours. The Platform's defaults are starting points, not a substitute for the legal review of your particular configuration.

Call audio, the audio of the AI's own responses, and the transcripts derived from both are retained on infrastructure controlled by Cavorite AI LLC and by the third-party service providers we use to operate the Platform, for the periods described in our Privacy Policy. During that period you can access them through the mobile application and other Platform interfaces. They are governed as Customer Content under Section 18.

(b) Disclosure That an AI Voice Is in Use

In February 2024 the Federal Communications Commission ruled that voices generated by artificial intelligence fall within the TCPA's definition of an "artificial voice." Depending on the nature of the call, this may require you to obtain prior express written consent before placing AI-generated outbound calls for marketing, to disclose during the call that the caller is speaking with an AI assistant, and to honor opt-out requests. Configure your receptionist so that the AI nature of the agent is disclosed at the start of every call, and remember that individual states may layer on disclosure obligations of their own.

Cavorite AI LLC may require minimum AI-disclosure language for greetings and may enable disclosure defaults at the Platform level to support your compliance. Customer-configured greetings that remove or weaken legally required disclosures may be reverted, rejected, or blocked by the Platform.

(c) Outbound Calling

The Platform's primary purpose is to answer inbound calls placed to your number, not to launch outbound marketing campaigns. Any outbound call you initiate through the Platform (for example, a customer-requested callback) remains subject to the federal Do Not Call Registry, applicable carrier rules, and calling-hour limits: no calls before 8:00 AM or after 9:00 PM in the recipient's local time zone.

(d) Enforcement Trends

Enforcement in this area has produced settlements totaling hundreds of millions of dollars in recent years, and class-action suits against non-compliant senders are common. Features built into the Platform exist to help you stay compliant, not to substitute for your own compliance program. Treat the legal responsibility as yours and the Platform's tooling as a helper.

12. SMS Messaging Compliance

If the Platform sends SMS messages on your behalf (appointment confirmations, reminders, follow-ups), you agree that all such messages are Application-to-Person ("A2P") messaging governed by the TCPA, the CAN-SPAM Act, and U.S. wireless-carrier requirements (including A2P 10DLC registration in the United States).

You must:

• Obtain prior express consent before any SMS is sent to a number
• Clearly identify yourself as the sender
• Include opt-out instructions in messages (such as "Reply STOP to unsubscribe")
• Honor opt-out requests immediately and maintain a suppression list
• Retain consent records for the period required by applicable law

By using the Platform's SMS features, you authorize us to register your business's A2P 10DLC Brand and Campaign with U.S. mobile carriers on your behalf, using business information you provide during onboarding. Registration may take 1 to 5 business days and is subject to carrier approval.

Consent Captured During a Call

When a caller provides their phone number during an inbound call, for example while scheduling an appointment, requesting a callback, or asking for a follow-up, that disclosure may constitute prior express consent under applicable federal law to receive transactional SMS closely related to that specific request. The category of SMS this may cover includes confirmation of the booking, reminders ahead of the appointment, cancellation and rescheduling notices, and post-appointment follow-up directly related to the same request. The Platform may send those messages on your behalf without requiring the caller to opt in a second time, subject to the sender-identification, opt-out, and record-keeping requirements above.

Marketing SMS Is Separate

Promotional messages, newsletters, re-engagement campaigns, and any SMS that is not directly tied to a service request made on a specific call require their own express opt-in from the recipient. A booking-related consent does not authorize marketing SMS at any later date. Sending marketing SMS without separate opt-in is your responsibility under Section 10 (Acceptable Use) and Section 11 (Calling Compliance) and exposes you to the penalty regime described in those sections.

13. Emergency Services Prohibition

The Platform must never be used to handle an emergency.

You may not configure the Platform, route calls to it, or otherwise use it for 911, the police, fire, ambulance, poison control, suicide-prevention or crisis-intervention hotlines, disaster response, or any other situation where someone's safety, health, or life is on the line. AI receptionists are not built for those moments and can actively make them worse by failing to escalate, misunderstanding the caller, or producing information that delays real help from arriving.

Routing emergencies through the Platform may expose you to criminal charges for interfering with emergency services, to civil suits for wrongful death or injury, and to federal sanctions for misuse of telecommunications systems. We may suspend the account immediately on detecting such use and may report the activity to the relevant authorities.

Because AI systems can fail or produce incorrect output, we expressly disclaim any liability for death, injury, or harm arising from any attempt to use the Platform for emergencies. By continuing to use the Platform you accept this limitation and confirm that you will not attempt such use under any circumstance.

The Platform does not support E911 or any other emergency calling functionality. A call placed to an emergency number through the Platform may fail to connect, and even when it connects, the AI agent will not provide the response required in an emergency.

14. Voice Technology and Anti-Impersonation

When using the AI voice generation and interaction features of the Platform, you agree not to use them for:

• Impersonating any person or organization other than the business you have registered
• Fraudulent purposes including but not limited to gift-card scams, tax-authority scams, or financial fraud
• Harassment or any illegal or harmful activity
• Generating synthetic audio of a real individual without their explicit prior consent

We monitor for potential misuse of voice features and may suspend accounts that violate these restrictions.

15. Compliance Monitoring and Account Safeguards

To protect the integrity of the Platform and limit regulatory risk that flows back to the customer community, we observe calling and messaging activity on every account for indicators of misuse. The kinds of signal we watch for include calling volumes that diverge sharply from a customer's normal usage, calls placed outside legally permissible hours, abnormally high opt-out rates from recipients, repeated spam or harassment reports, and any pattern that suggests automated robocalling, telemarketing fraud, or scam activity.

Automated Responses

When monitoring surfaces a concern, the Platform may automatically throttle, suspend, or terminate the affected account. Triggers include exceeding the volume allowance of your plan, accruing three or more verified harassment or fraud complaints inside a thirty-day window, showing patterns aligned with prohibited use, or failing to respond to a compliance notice within a reasonable period.

Attestations Before Sensitive Features

Before enabling outbound calling or high-volume messaging on your account, we may ask you to confirm in writing that you have obtained the legally required consent from each recipient, that any calling lists have been scrubbed against the National Do Not Call Registry (or that the calls in question are exempt), that you accept sole responsibility for TCPA and analogous compliance, that you will supervise your AI agent's behavior on an ongoing basis, and that you will process opt-out requests immediately when they arrive.

Cooperation With Regulators and Carriers

You agree to reasonably cooperate with any compliance investigation, audit, or information request initiated by Cavorite AI LLC, a carrier, an industry registry, a government agency, or a regulator, including by providing consent records, opt-out evidence, recipient lists, message content, and other relevant documentation in your possession. Failure to cooperate within a reasonable period may result in suspension or termination of the account.

These Safeguards Are Not Legal Cover

The monitoring and enforcement actions described above exist primarily to protect Cavorite AI LLC and our customer community. They do not transfer your legal responsibility to us, and they do not constitute legal advice. The fact that the Platform did not block a particular call or message does not imply that the call or message was lawful, and our restraint in any particular case does not waive our right to enforce these Terms in another.

16. Regulatory Compliance Disclaimer

Cavorite AI LLC has not been certified under HIPAA, SOC 2, ISO 27001, PCI DSS, or any comparable industry-standard regulatory framework, and we do not enter Business Associate Agreements ("BAAs").

Deciding whether your particular use of the Platform requires any of those certifications or agreements is your job, not ours. If your business is subject to HIPAA, has a SOC 2 requirement imposed by a customer, needs a BAA, or operates under any other framework whose obligations we cannot meet, the corresponding workloads must not be routed through the Platform.

We accept no liability for regulatory penalties, fines, or other losses arising from your use of the Platform in a context that required certifications we do not hold. By continuing to use the Platform, you confirm that you have evaluated your own compliance requirements and are satisfied that the Platform fits within them.

17. The Nature of Generative AI

AI is not perfect. It will sometimes be wrong.

The Platform uses generative artificial intelligence to converse with callers, summarize calls, draft messages, and otherwise act on your behalf. Generative models can produce output that is wrong, invented, biased, inappropriate, or out of date. This kind of error is sometimes called an "AI Hallucination," and no current technique fully eliminates it.

What You Are Accepting

By using the Platform, you accept that:

• Statements the AI makes may be factually wrong, including statements about your business, your hours, your prices, or anything else
• The AI may say things you would not have said and would not approve of, even when it has been instructed otherwise
• The AI is no substitute for human judgment on a business-critical decision
• The AI may misread tone, accent, sarcasm, or cultural context
• The Platform can experience full or partial outages with little or no warning
• An interaction handled by the AI may damage a relationship with a customer, a partner, or a vendor in ways we cannot foresee or prevent

Business and Financial Decisions

Decisions you make on the basis of an AI conversation, summary, or appointment booking are yours alone. We are not liable for revenue you lose, deals that fall through, contracts that get misrepresented, or relationships that sour because the AI handled a moment poorly. For anything that materially affects your business, verify the AI's output through an independent source and keep a non-AI backup channel available for your customers.

Not Professional Advice

Nothing the AI conveys through speech or text is legal, financial, medical, tax, investment, or other professional advice. Neither you nor your callers may rely on AI output as a substitute for the judgment of a licensed professional.

Recommended Review Practices

We encourage you to review the Platform's transcripts and recordings on a cadence that fits your risk tolerance, especially around high-stakes interactions such as scheduling for medical or legal professionals, dispute resolution, or significant financial discussions. The Platform is provided as is and at your own risk.

18. Customer Content and Feedback

As between you and Cavorite AI LLC, you retain ownership of content you submit to the Platform, including business information, uploaded documents, configured prompts, recorded call audio, and call transcripts ("Customer Content"). To the extent Customer Content includes information supplied by Callers, Cavorite AI LLC processes that information as a service provider on your behalf; the privacy treatment of Caller information is further described in our Privacy Policy. You grant Cavorite AI LLC a worldwide, royalty-free, sublicensable license to host, store, transmit, process, and otherwise use Customer Content as necessary to:

• Provide and operate the Platform
• Generate de-identified, aggregated patterns for service improvement and safety analysis (never including the identifiable content of any individual call, transcript, or document)
• Improve service quality and reliability
• Generate usage analytics

Customer Content is hosted on infrastructure controlled by Cavorite AI LLC and on infrastructure provided by the third-party service providers we use to deliver the Platform (including, without limitation, providers responsible for telecommunications, voice processing, automatic transcription, large language model inference, computation, database storage, and file storage). By submitting Customer Content, you authorize Cavorite AI LLC and those service providers to receive, store, process, and transmit it as necessary to provide the Platform. Section 19 covers third-party services more generally; this authorization is in addition to anything else stated there.

You warrant that you have the legal right to provide Customer Content, that it does not infringe any third-party right, and that any individuals whose personal information is included have provided the consents required for the storage and processing described above.

We may remove Customer Content that violates these Terms or applicable law.

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by Cavorite AI LLC freely and without compensation, including incorporation into the Platform or its future products.

19. Third-Party Services and Links

The Platform may integrate with or enable access to third-party services that you choose to connect with your account ("Third-Party Services"), such as Google Calendar or Microsoft Outlook. Your use of any Third-Party Service is at your sole risk and is governed by that third party's terms.

The Platform also relies on third-party infrastructure providers to deliver telecommunications, computation, storage, and other services. We are not responsible for outages, errors, or actions of these providers, nor for any content, accuracy, availability, security, or practices of third-party services or any sites they link to. We are not liable for any issue arising from a Third-Party Service.

20. Intellectual Property

All right, title, and interest in the Platform, the Licensed Application, and all related software, models, technology, documentation, data (excluding Customer Content), trademarks, and other intellectual property belong to Cavorite AI LLC or its licensors. These Terms grant no ownership rights in any of the foregoing.

You may not use Cavorite AI LLC's trademarks, logos, or trade names without prior written permission. All content on this website and within the Licensed Application, including text, graphics, logos, icons, images, and software, is the property of Cavorite AI LLC or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that party's intellectual property rights, Cavorite AI LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

DMCA Copyright Takedown

Cavorite AI LLC respects the intellectual property of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe content uploaded to or transmitted through the Platform infringes your copyright, send a written notification to our designated DMCA agent that includes the elements required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material claimed to be infringing and sufficient information for us to locate it
4. Your contact information (address, telephone, email)
5. A statement of good-faith belief that the use of the material is not authorized by the copyright owner, the owner's agent, or the law
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf

DMCA notices should be addressed to:

Cavorite AI LLC
Attn: DMCA Agent
16192 Coastal Highway, Lewes, DE 19958
Email: contact@cavorite.ai

We will remove or disable access to allegedly infringing material upon receipt of a complying notice. Counter- notifications may be submitted to the same agent following the procedure described in 17 U.S.C. § 512(g). Cavorite AI LLC may, in appropriate circumstances, terminate the accounts of users determined to be repeat infringers.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION SHALL CREATE A WARRANTY.

We do not guarantee that:

• The Platform or Licensed Application will be available at all times or error-free
• Information conveyed by the AI will be complete, accurate, or appropriate
• Any specific business outcome will result from your use of the Platform

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty will be Cavorite AI LLC's sole responsibility.

SHOULD THE LICENSED APPLICATION OR PLATFORM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.

Beta and Experimental Features

From time to time, Cavorite AI LLC may make available features that are labeled as beta, preview, alpha, experimental, early access, or similar ("Beta Features"). Beta Features are provided as is and without any warranty of any kind. We make no commitment as to the availability, performance, accuracy, or continued existence of any Beta Feature. Beta Features may be modified, suspended, or discontinued at any time without notice and at no obligation to refund or compensate you. Your use of a Beta Feature is at your sole risk.

22. Limitation of Liability

To the extent not prohibited by law:

(a) Direct Damages

Our total liability for all damages, regardless of cause of action, is limited to the lesser of:

1. The total fees you paid Cavorite AI LLC in the 12 months preceding the claim, or
2. USD $5,000.

(b) Excluded Damages

We are NOT liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, business interruption, loss of goodwill, or reputational harm, EVEN IF Cavorite AI LLC has been advised of the possibility of such damages.

(c) Statutory Violations

The above limitations do NOT apply to:

• TCPA, BIPA, CCPA, or other statutory penalties and remedies expressly preserved by law
• Remedies required by law that cannot be limited by contract
• Personal injury claims as required by law

(d) Exceptions

Our liability caps do NOT apply to our fraud, gross negligence, intentional misrepresentation, or willful misconduct.

(e) No Service Level Agreement

No service level agreement, uptime commitment, or availability guarantee applies to your use of the Platform unless Cavorite AI LLC has separately agreed to one in a signed written document that expressly references this Section 22.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. These limitations apply even if any remedy fails of its essential purpose. They represent an agreed allocation of risk between you and us.

23. Indemnification

You agree to indemnify, defend, and hold harmless Cavorite AI LLC, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of:

• Your use of the Licensed Application or Platform
• Your violation of these Terms
• Your violation of any law, including TCPA, Do Not Call, recording-consent, or privacy laws
• Your infringement of any third-party right
• Content you provide to the Platform, including documents, prompts, and information conveyed to your callers
• Calls and SMS originated from your account
• Your failure to obtain required consents for call recording, AI interaction, or SMS messaging
• Material misrepresentation by you to third parties about the Platform's capabilities (unless caused by inaccurate information we provided through the AI)

Exceptions

This indemnification does NOT apply to claims arising solely from:

1. Our gross negligence or willful misconduct
2. Our violation of applicable privacy laws in handling your data
3. Unauthorized access to our systems caused by our security failures
4. Our material breach of these Terms that directly causes the claim

Your indemnification obligations survive termination of these Terms.

24. Responsibility for Product Claims

You and the End-User acknowledge that Cavorite AI LLC, not Apple, is responsible for addressing any claim relating to the Licensed Application or your possession or use of the Licensed Application, including but not limited to:

1. Product liability claims
2. Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
3. Claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of any HealthKit or HomeKit frameworks if applicable

These Terms do not limit Cavorite AI LLC's liability to the End-User beyond what is permitted by applicable law.

25. Term and Termination

These Terms remain in effect until terminated.

You may terminate these Terms at any time by canceling your subscription per Section 7 and discontinuing use of the Platform.

We may terminate or suspend your account and access to the Platform at any time, with or without notice, where you have violated these Terms, where continued service creates legal or regulatory risk, where security or fraud-prevention concerns apply, where you have failed to pay outstanding fees, or where operational necessity or other legitimate business reasons require it. Upon termination:

• Your right to use the Platform ceases immediately
• Outstanding fees become immediately due
• Retention and deletion of your data, including recordings, transcripts, and other Customer Content, are governed by Section 11 of our Privacy Policy

The provisions on Intellectual Property, AI Disclaimers, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions intended by their nature to survive termination, will survive.

26. Modifications to Terms and Service

We may modify these Terms at any time. For modifications that materially affect your rights or obligations, we will provide at least 30 days advance notice by email or in-Platform notification before the change takes effect. Continued use of the Platform after the notice period constitutes acceptance of the modified Terms.

Modifications required for legal compliance, security, or safety reasons may take effect immediately upon posting.

We may modify, suspend, or discontinue the Platform, in whole or in part, at any time with or without notice. If we permanently discontinue a prepaid service without cause, we may offer a prorated refund at our discretion.

27. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, excluding its conflicts-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods is excluded. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Delaware, except as provided in Section 28 (Dispute Resolution).

Nothing in this Section limits any consumer protection or privacy rights that cannot be waived by contract, including without limitation rights under the California Consumer Privacy Act.

28. Dispute Resolution by Binding Arbitration

Read this section carefully. It affects rights you would otherwise have, including the right to take Cavorite AI LLC to court before a judge or jury and the right to take part in a class action.

(a) Agreement to Arbitrate

You and Cavorite AI LLC agree that any dispute, claim, or controversy arising out of or related to these Terms, the Platform, the Licensed Application, our marketing, or our commercial relationship will be resolved through final and binding arbitration rather than in court, except for the narrow carve-outs described in subsection (f) below. Arbitration replaces the right to a trial by judge and jury and limits the relief available to what an arbitrator can award. The Federal Arbitration Act governs the interpretation and enforcement of this section.

The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

(b) Class Action Waiver

You and Cavorite AI LLC each agree to bring claims against the other only on an individual basis, not as a plaintiff or class member in any purported class action, collective action, representative action, or consolidated proceeding. Unless both parties agree in writing, an arbitrator may not combine the claims of more than one person and may not preside over any class or representative proceeding. Relief, if any, will be awarded only to the individual claimant and only to the extent necessary to address that claimant's individual injury, except that an arbitrator may award public injunctive relief if applicable law requires it for this provision to remain enforceable.

(c) Informal Resolution First

Most disputes can be resolved by emailing contact@cavorite.ai. Before either party commences arbitration, the party seeking arbitration must first send the other a written Notice of Dispute by certified mail. The Notice should describe the nature of the claim and the specific relief sought. A Notice to Cavorite AI LLC should be addressed to:

Cavorite AI LLC
Attn: Legal Notices
16192 Coastal Highway, Lewes, DE 19958

If the parties are unable to resolve the dispute within sixty (60) calendar days after the Notice is received, either party may commence arbitration. Any settlement offer made during the sixty-day period will not be disclosed to the arbitrator until the arbitrator has determined the amount of any award.

(d) Arbitration Rules and Conduct

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the proceeding is commenced (the "AAA Rules"), as modified by this section. Information about the AAA and its rules is available at https://www.adr.org. Where the terms of this section conflict with the AAA Rules, this section controls unless the arbitrator finds that doing so would produce a fundamentally unfair proceeding. The arbitrator decides all issues, including those relating to the scope, enforceability, and arbitrability of this agreement.

Hearings will take place at a location reasonably convenient to both parties or, failing agreement, at a location selected by the AAA with consideration for the parties' circumstances. If the relief sought is $10,000 or less, you may elect to have the arbitration conducted on the basis of documents alone, by telephone or video conference, or in person, as the AAA Rules permit. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award rests. The award may be entered as a judgment in any court of competent jurisdiction.

(e) Cost of Arbitration

Payment of filing, administration, and arbitrator fees (collectively, "Arbitration Fees") is governed by the AAA Rules, except as follows. If the relief you seek is $25,000 or less, Cavorite AI LLC will pay all Arbitration Fees at your request. If the relief sought exceeds $25,000 and you demonstrate to the arbitrator that you cannot afford your share of the Arbitration Fees, or that the cost of arbitration would otherwise be prohibitive compared to bringing the same claim in court, Cavorite AI LLC will pay as much of your share as the arbitrator finds necessary so that cost does not block a meritorious claim. Allocation of attorneys' fees, if any, will follow the AAA Rules.

(f) Carve-Outs

The agreement to arbitrate does not apply to:

• Claims that qualify for small claims court, brought on an individual basis in that court
• Disputes over intellectual property rights of either party, including trademark, copyright, trade dress, patent, trade secret, or domain name claims, which may be brought in court
• Complaints or proceedings filed with any federal, state, or local government agency that has jurisdiction over the matter, which may proceed in that forum to the extent the law permits

In addition, either party may seek temporary injunctive relief from a court to preserve the status quo pending the appointment of an arbitrator and the conclusion of the arbitration.

(g) Confidentiality

All aspects of any arbitration proceeding under this section, including any decision or award by the arbitrator, will be strictly confidential except as required to enforce the award, as compelled by law, or to the extent confidentiality is prohibited by applicable law.

(h) Opt-Out of Future Changes to This Arbitration Agreement

If we make a material change to this arbitration section while you are an active user of the Platform, you may reject that change by sending us written notice within thirty (30) calendar days of the change at the Notice Address above. A timely opt-out preserves, for that user, the arbitration terms in effect on the date the user first accepted these Terms (or last accepted a subsequent revision).

(i) Mass and Coordinated Arbitration

If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against Cavorite AI LLC by the same counsel, by coordinated counsel, or in otherwise coordinated fashion within a ninety (90) day period (a "Mass Arbitration"), the parties agree that, notwithstanding any AAA Rule to the contrary, the demands will be administered as follows:

• Bellwether selection. Each side selects up to ten (10) demands to proceed first as a representative bellwether group. The remaining demands are tolled and held in abeyance until the bellwether group concludes.
• Mediation. Within thirty (30) days following resolution of the bellwether group, the parties will engage in good-faith mediation with respect to the remaining demands.
• Fee staging. Filing and administrative fees for demands beyond the bellwether group are deferred until that demand enters active arbitration under the batching schedule.
• Severability. If any portion of this Mass Arbitration procedure is found unenforceable, the remainder of this Section 28 continues to apply.

This procedure is intended to enable efficient resolution of related disputes and to avoid the disproportionate administrative cost of simultaneous coordinated filings. It does not change the substantive rights of any individual claimant.

(j) Severability of Arbitration Provisions

If any part of this arbitration section other than the class action waiver in subsection (b) is found invalid or unenforceable, the parties will replace it with the closest valid alternative and the remainder of this section will stand. If the class action waiver in subsection (b) is found invalid or unenforceable (except as to a claim for public injunctive relief), the entirety of this arbitration section will be null and void, and the remainder of these Terms will continue to apply.

29. Export Controls

The Licensed Application and Platform are controlled from the United States. Use outside the United States is at your own risk and requires compliance with local law. You represent and warrant that:

1. You are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country
2. You are not listed on any U.S. Government list of prohibited or restricted parties

You may not use, export, or re-export the Licensed Application or Platform except as authorized by U.S. law and the laws of the jurisdiction in which the Licensed Application or Platform was obtained.

Cavorite AI LLC may suspend, limit, or terminate accounts or features at any time, without prior notice and without compensation, to comply with U.S. sanctions, export-control laws, OFAC programs, or directives from any government authority with jurisdiction over Cavorite AI LLC.

30. Minimum Age

You must be at least 18 years old, or the age of legal majority in your jurisdiction (whichever is greater), to register an account, accept these Terms, and use the Platform.

31. Apple Third-Party Beneficiary

You and the End-User acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

32. General Provisions and Contact

Entire Agreement

These Terms, together with our Privacy Policy and any subscription order forms, constitute the entire agreement between you and Cavorite AI LLC regarding the Platform and supersede all prior or contemporaneous communications and proposals on the subject.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely, including to a successor in interest.

Notices

Notices may be delivered by email to the address on your account or by in-Platform notification.

Force Majeure

Neither party will be liable for any delay or failure to perform under these Terms (other than your payment obligations) to the extent caused by circumstances beyond that party's reasonable control, including but not limited to telecommunications outages, carrier blocking or policy changes, third-party AI or cloud provider outages, internet failures, denial-of-service attacks, governmental action, labor disputes, pandemic or public health emergency, natural disaster, fire, acts of war or terrorism, and decisions by app stores or carriers. The affected party will use reasonable efforts to mitigate the effect of the event and to resume performance.

No Reliance

You acknowledge that you have not relied on any representation, warranty, or statement of any kind made outside these Terms, our Privacy Policy, our published documentation, or any signed order form between you and Cavorite AI LLC. Nothing said by a sales representative, a customer support agent, or any third party varies these Terms unless reduced to a writing signed by Cavorite AI LLC.

Contact Information

Cavorite AI LLC
16192 Coastal Highway, Lewes, DE 19958
Email: contact@cavorite.ai
Website: cavorite.ai/contact