Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Avenora LLC, a Pennsylvania limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the AvenoraCall service, including our website, mobile applications, and AI-powered companion calling service (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

IMPORTANT: These Terms contain an arbitration agreement and class action waiver that affect your legal rights. Please read Section 15 (Dispute Resolution) carefully.

2. Description of Service

AvenoraCall is an AI-powered companion calling service designed to provide regular check-in calls to elderly individuals ("Care Recipients"). The Service includes:

• Automated daily or scheduled phone calls using AI voice technology
• Wellness check-ins and companionship conversations
• Summary reports and notifications to designated family members or caregivers ("Sponsors")
• Emergency alert notifications when concerning situations are detected
• Personalized conversation based on interests and preferences

Important Disclaimer: AvenoraCall is NOT a medical service, emergency response system, or substitute for professional healthcare, emergency services, or human caregiving. The Service is intended for companionship and general wellness monitoring only.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Service, you must be at least 18 years of age and have the legal authority to enter into these Terms. By registering for the Service on behalf of a Care Recipient, you represent that you have obtained their informed consent or have legal authority to act on their behalf.

3.2 Account Registration

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Care Recipient Consent

Before a Care Recipient receives their first call, they will receive a consent call explaining the Service and requesting their verbal consent. The Care Recipient may opt out at any time by stating their wish to stop receiving calls during any conversation or by contacting us directly.

4. AI Disclosure and Transparency

Our Service uses artificial intelligence. All calls made by AvenoraCall are conducted by an AI voice assistant, not a human. The AI will identify itself as an AI assistant at the beginning of each call.

You understand and acknowledge that:

• The AI may occasionally misunderstand or provide inaccurate responses
• The AI cannot provide medical advice, emergency assistance, or professional services
• Call summaries are AI-generated and may not capture all details accurately
• The AI's responses are based on programmed guidelines and may not address all situations appropriately

5. Subscription and Payment

5.1 Subscription Plans

The Service is offered through monthly subscription plans. Current pricing and features are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

5.2 Billing

Subscriptions are billed monthly in advance. Payment is processed through our third-party payment processor (Stripe). By subscribing, you authorize us to charge your payment method on a recurring basis.

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. No refunds are provided for partial months.

5.4 Refund Policy

We offer a 7-day satisfaction guarantee for new subscribers. If you are not satisfied within the first 7 days of your initial subscription, contact us for a full refund. After this period, refunds are provided at our sole discretion.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any unlawful purpose or to violate any laws
• Register Care Recipients without their knowledge or consent
• Provide false or misleading information
• Attempt to access the Service through unauthorized means
• Interfere with or disrupt the Service or servers
• Use the Service to harass, abuse, or harm others
• Reverse engineer or attempt to extract the source code of the Service
• Use the Service as a substitute for emergency services (911)

7. Privacy and Data

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

No Call Recording: We do NOT record calls. We only retain AI-generated summaries of conversations to provide continuity, personalization, and to keep you informed about your loved one's well-being.

8. Intellectual Property

The Service, including all content, features, and functionality, is owned by Avenora LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

"AvenoraCall," "Avenora," and related logos are trademarks of Avenora LLC. You may not use our trademarks without our prior written consent.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The AI will always respond accurately or appropriately
• The Service will detect all emergencies or health concerns
• Calls will always connect successfully
• The Service is suitable for any particular purpose

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVENORA LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Critical Limitation: WE ARE NOT LIABLE FOR ANY FAILURE TO DETECT EMERGENCIES, HEALTH CONDITIONS, OR OTHER SITUATIONS REQUIRING IMMEDIATE ATTENTION. THE SERVICE IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES, MEDICAL CARE, OR HUMAN SUPERVISION.

11. Indemnification

You agree to indemnify, defend, and hold harmless Avenora LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your registration of a Care Recipient without proper consent or authority.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by canceling your subscription and contacting us to delete your account. We will delete your personal data in accordance with our Privacy Policy.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Pennsylvania.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@avenoracall.com to attempt to resolve the dispute informally. We will attempt to resolve your concern within 30 days.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, all disputes arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in Pennsylvania. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Avenora LLC regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including acts of God, natural disasters, or telecommunications failures.

17. Contact Information

If you have any questions about these Terms, please contact us: