1. Introduction

Welcome to ActionableOps! These Terms of Service (“Terms”) govern your access to and use of ActionableOps’ website, products, and services, including our AI solutions like the Ava AI Suite . By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

2. Definitions

Throughout these Terms, the following definitions apply:

• – “Company,” “we,” “us,” and “our” refer to ActionableOps, located at 11709 Roe Ave Ste D #112, Leawood, KS 66211 .
• – “Services” refers to our website, applications, AI solutions (including Ava Voice AI, Ava Conversation AI, and Ava Reviews AI), and related services.
• – “User,” “you,” and “your” refer to individuals or entities accessing or using our Services.
• – “Content” refers to text, images, audio, video, or other material that you upload, download, or access through our Services.

3. Account Registration and Eligibility

3.1 Account Creation

To access certain features of our Services, you may need to register for an account. You agree to:

• – Provide accurate and complete information
• – Maintain the security of your account credentials
• – Accept responsibility for all activities that occur under your account
• – Notify us immediately of any unauthorized use

3.2 Account Security

You are responsible for safeguarding your password and for restricting access to your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 Age Restrictions

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not, under any circumstances or for any reason, use our Services.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Service Usage and Limitations

4.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• – Use the Services in any way that violates applicable laws or regulations
• – Infringe upon intellectual property rights of others
• – Interfere with or disrupt the integrity of the Services
• – Attempt to gain unauthorized access to any portion of the Services
• – Use the Services to transmit harmful code or conduct malicious activities
• – Use automated methods to access or use the Services without our explicit permission

4.2 AI Services Specific Terms

When using our AI solutions, including Ava Voice AI, Ava Conversation AI, and Ava Reviews AI:

• – You grant us permission to process data necessary to provide these services
• – You acknowledge that AI systems may not be perfect and require human oversight
• – You maintain responsibility for reviewing AI-generated communications and content
• – You agree to comply with all data privacy regulations applicable to your business

4.3 AI-Generated Content Disclaimer

The AI-powered services we provide, including Ava Voice AI, Ava Conversation AI, and Ava Reviews AI, utilize artificial intelligence to generate content and responses. You acknowledge and agree that:

• – AI-generated content may not always be accurate, complete, or appropriate
• – You are responsible for reviewing and approving any AI-generated content before relying on it or sharing it with third parties
• – ActionableOps is not liable for any decisions, actions, or consequences resulting from your use of or reliance on AI-generated content
• – You will not use our AI services to generate content that violates any laws, infringes on third-party rights, or creates liability for ActionableOps

4.4 Export Control Compliance

You agree to comply with all applicable export control laws and regulations in your use of the Services. You represent and warrant that you are not located in, or a citizen or resident of, any country to which the United States has embargoed goods and/or services, and you are not on any U.S. government list of prohibited or restricted parties.

4.5 API Usage

If we provide you with access to our Application Programming Interface (API), you agree to use it in accordance with any documentation or guidelines we provide. We reserve the right to set and enforce limits on your use of our APIs at any time. You agree not to circumvent or attempt to circumvent these limitations.

5. Subscription Plans and Pricing

5.1 Available Plans

We offer various subscription plans for our Ava AI Suite, including:

• – Ava AI Essential: Entry-level plan with basic features
• – Ava AI Professional: Includes unlimited Voice AI Minutes, unlimited Conversation AI Messages, unlimited Reviews AI Usage, advanced integrations, comprehensive analytics, and priority support
• – Ava AI Premium: Enterprise-level solution with custom features, custom allocation for Voice AI, unlimited Conversation & Reviews AI, custom feature development, branded AI experiences, custom integrations, dedicated account manager, and premium support

5.2 Payment Terms

• – Payments are due according to the billing cycle of your selected plan
• – You authorize us to charge your payment method for all applicable fees
• – All fees are exclusive of taxes unless stated otherwise
• – We reserve the right to change our pricing with notice to you
• – Late payments may result in suspension or termination of Services
• – You are responsible for all charges incurred under your account

5.3 Refunds

Refund policies vary by service. Please contact us at [email protected] for specific refund requests. We reserve the right to determine refund eligibility at our sole discretion.

5.4 Free Trials

We may offer free trials of our Services. We reserve the right to modify or terminate free trials at any time without notice. We may automatically begin charging you for the applicable Service at the then-current rates at the end of the free trial period unless you cancel prior to the end of the free trial.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, and software, are owned by ActionableOps and are protected by United States and international copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ActionableOps.

6.2 Your Content

You retain ownership of any content you provide through our Services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving our Services.

You represent and warrant that: (i) you own or have the right to use and share any content you submit; (ii) your content does not violate the rights of any third party, including intellectual property rights and privacy rights; and (iii) your content does not violate any applicable laws or regulations.

6.3 Feedback

If you provide us with any feedback or suggestions regarding our Services, you hereby assign to us all rights in such feedback and agree that we have the right to use and fully exploit such feedback in any manner we deem appropriate. We will treat any feedback you provide as non-confidential and non-proprietary.

7. Data Privacy and Security

7.1 Data Handling

We implement enterprise-level security measures to protect your data. Our platform includes secure data handling and privacy compliance for all plans . We comply with major data protection regulations such as SOC2, HIPAA, and GDPR where applicable .

7.2 Data Usage

We use your data as described in our Privacy Policy. For AI services specifically, we may use anonymized data to improve our AI models while maintaining confidentiality.

7.3 Data Retention

We will retain your information for as long as your account is active or as needed to provide you Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

While we strive for 24/7 system availability , we do not guarantee that our Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of our Services with or without notice.

8.2 Warranty Disclaimer

THE SERVICES ARE 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KANSAS LAW, ACTIONABLEOPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

IN NO EVENT SHALL ACTIONABLEOPS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO ACTIONABLEOPS FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.4 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, terrorism, war, civil unrest, labor disputes, power failures, or internet service provider failures. ActionableOps will make reasonable efforts to minimize the effects of such events.

9. Indemnification

You agree to indemnify, defend, and hold harmless ActionableOps and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ content other than as expressly authorized in these Terms.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

10.2 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease, and we may delete or deactivate your account and all related information and files.

10.3 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles.

11.2 Arbitration

Any dispute arising from or relating to these Terms shall be resolved by final and binding arbitration in the State of Kansas, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Johnson County, Kansas, unless we both agree to another location. The arbitrator shall apply Kansas law to the merits of any dispute, without reference to rules of conflicts of law. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.

11.3 Class Action Waiver

YOU AND ACTIONABLEOPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and ActionableOps agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12. Changes to Terms and Services

12.1 Changes to Terms

We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms. We will make reasonable efforts to notify you of any material changes to these Terms.

12.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. This includes the right to impose limits on certain features or restrict access to parts or all of the Services. We may also change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the website and indicating the date of the update. Your continued use of the Services after we post any modifications to the Terms constitutes your binding acceptance of the modified Terms.

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and ActionableOps regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intention underlying the invalid or unenforceable provision.

13.3 Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent to a subsidiary or affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

13.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ActionableOps.

13.5 Relationship Between Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and ActionableOps.

14. Additional Features

All plans include:

• – 24/7 system availability
• – Integration with popular calendar and CRM systems
• – Detailed analytics/reporting dashboard
• – Ongoing AI model improvements
• – Secure data handling & privacy compliance
• – Dedicated onboarding process
• – Client support (varying by plan level)

Some features like Premium Voice Synthesis or Custom Feature Development are only available on higher-tier plans (Professional or Premium) .

15. Contact Information

For questions about these Terms or to contact us about our services:

• – Phone: 1-913-395-9219
• – Email: [email protected]
• – Address: 11709 Roe Ave Ste D #112, Leawood, KS 66211

16. Effective Date

These Terms of Service are effective as of May 26, 2025.