By accessing or using AvyraCall (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, you may not use the Service. These Terms should be read together with our Privacy Policy, which is incorporated by reference.
"Service" means the AvyraCall AI receptionist and business assistant platform, including any related mobile, web, telephony, or API components. "Business Customer" or "you" means the organization or individual that has registered for the Service. "Caller" or "End User" means a third party who contacts a Business Customer through a channel handled by the Service. "Customer Data" means configuration data, account information, and call/message content and metadata associated with your account, as further described in our Privacy Policy.
AvyraCall provides AI-powered call handling, virtual receptionist, and automated communication services for businesses. Unless expressly stated otherwise in writing, the standard Service operates through real-time processing and does not include storage of call recordings or call transcripts as a standing feature. We may add, change, or discontinue features of the Service from time to time, and will use commercially reasonable efforts to notify you of material changes that affect your use of the Service.
You must be able to form a binding contract to use the Service, and must provide accurate, current, and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at the contact in Section 22 if you suspect unauthorized use of your account.
Use of the Service may require payment of subscription fees as described at sign-up or in an applicable order form. Fees are billed in advance on a recurring basis unless otherwise agreed, are exclusive of applicable taxes unless stated otherwise, and are non-refundable except as required by law or as expressly stated in an order form. We may change our fees on renewal with reasonable advance notice. Failure to pay may result in suspension or termination of the Service under Section 13.
You are responsible for:
Calls and messages processed through the Service may be handled in real time by AI systems and supporting service providers for the purpose of delivering the Service, as described in our Privacy Policy. AvyraCall does not store call recordings or call transcripts as part of the standard Service. You are responsible for informing Callers of any disclosures or notices required by applicable law in your jurisdiction, including where AI-assisted call handling is used, and for not disabling or misconfiguring the Service's default AI-disclosure greeting in a way that would mislead Callers.
As between you and Simbion, you own Customer Data you provide or that is generated for your account, and you grant Simbion a licence to use it solely to provide, support, and improve the Service, subject to our Privacy Policy. We do not claim ownership of your business information, call content, or configuration data.
You agree not to use the Service for unlawful, harmful, fraudulent, deceptive, or abusive purposes, including: misuse of automated communication systems (e.g., unsolicited mass calling/texting in violation of applicable law); attempting to reverse-engineer, disrupt, or gain unauthorized access to the Service; impersonating any person or entity; or using the Service in a manner that infringes the rights of a third party. We may investigate and take appropriate action, including suspension or termination under Section 13, for any suspected violation.
The Service uses artificial intelligence to generate responses in real time. Outputs may be incomplete, inaccurate, or inappropriate. AvyraCall does not guarantee accuracy, reliability, or suitability for any specific purpose. You are responsible for reviewing and configuring the Service for your business use case, and for having a human-review process in place for use cases where an inaccurate or delayed AI response could cause material harm (e.g., medical, safety, or emergency-adjacent contexts — see Section 10).
The Service does not provide medical, legal, financial, or other professional advice, and must not be configured or relied upon to do so. Any such information communicated to a Caller through the Service should be verified with a qualified professional. The Service is not intended for handling emergency calls, and you must not configure or represent it as an emergency response line.
Simbion and its licensors own all right, title, and interest in and to the Service, including the underlying software, models, and AvyraCall trademarks and branding. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription term. If you provide feedback or suggestions about the Service, you grant us a royalty-free, worldwide licence to use that feedback without restriction or obligation to you.
Each party may have access to the other's non-public business, technical, or customer information ("Confidential Information"). Each party agrees to use the other's Confidential Information only to perform its obligations under these Terms, and to protect it with at least the same degree of care it uses for its own confidential information of similar nature, and no less than reasonable care. This section does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law (subject to reasonable notice where legally permitted).
These Terms remain in effect for as long as you use the Service. You may cancel your subscription at any time in accordance with the cancellation process made available in your account or order form. We may suspend or terminate your access to the Service, with notice where reasonably practicable, if: you materially breach these Terms and do not cure the breach within a reasonable period after notice; your use poses a security or legal risk to Simbion, other customers, or Callers; or payment is overdue. On termination, your right to use the Service ends, and Customer Data will be handled as described in our Privacy Policy's retention provisions. Sections that by their nature should survive termination (including Sections 11, 12, 15, 16, and 19) will survive.
The Service is provided on an "as available" basis. We do not guarantee uninterrupted, secure, or error-free operation. To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent such warranties cannot be excluded under applicable law.
To the maximum extent permitted by law, Simbion and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, loss of data, or missed opportunities, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages. To the maximum extent permitted by law, Simbion's total aggregate liability arising out of or related to these Terms or the Service will not exceed the amount you paid to Simbion for the Service in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited or excluded as a matter of law, including liability for gross negligence, wilful misconduct, or fraud.
You agree to indemnify, defend, and hold harmless Simbion and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and reasonable expenses (including legal fees) arising from: your use of the Service in violation of these Terms or applicable law; your failure to provide required disclosures or obtain required consents from your Callers; or Customer Data you provide, to the extent it infringes or violates the rights of a third party.
AvyraCall is offered to Business Customers in multiple regions. Regardless of where you are located, your use of the Service remains subject to these Terms and to British Columbia/Canadian governing law under Section 19, except where mandatory local consumer-protection law gives you rights that cannot be limited by contract — those mandatory rights are not affected by these Terms. If you are contracting from a jurisdiction with mandatory consumer-protection formalities (for example, requirements around contract language, cooling-off periods, or restrictions on liability waivers and dispute-resolution clauses for consumers), those requirements apply to you notwithstanding anything else in these Terms.
You may not use the Service in violation of Canadian, U.S., or other applicable export control or economic sanctions laws, and you represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive sanctions, and are not on any applicable restricted-party list.
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to Section 17, you and Simbion agree to submit to the exclusive jurisdiction of the courts of British Columbia for any dispute arising out of or relating to these Terms or the Service.
Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control. Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. No waiver. Failure to enforce any provision is not a waiver of that provision. Entire agreement. These Terms, together with our Privacy Policy and any order form, constitute the entire agreement between you and Simbion regarding the Service, and supersede any prior agreements on this subject. Notices. We may provide notices to you via the email or contact information associated with your account. Language. These Terms are made available in English; where a translated version is required by local law and provided, the English version governs to the extent permitted by law.
We may update these Terms at any time to reflect changes in our practices, the Service, or legal requirements. We will post the updated Terms with a revised effective date and, for material changes, provide additional notice (such as an email or in-app notice) before the change takes effect. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms, to the extent permitted by law.
For questions about these Terms, contact: support@simbiontechnology.com, or general product support at support@avyracall.com.