ELAV8 Voice Terms of Use

1. The agreement

These Terms of Use ("Terms") are an agreement between you and ELAV8 AI LLC ("ELAV8", "we", "us"). They govern your use of ELAV8 Voice: our apps for iPhone and Android and our web app at voice.elav8.ai. By creating an account or using ELAV8 Voice, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use ELAV8 Voice.

Section 21 says how disputes are resolved, including an agreement to arbitrate and a waiver of class actions, unless you live where the law does not allow them, or you opt out.

These Terms cover ELAV8 Voice only. The ELAV8 website, CONVOLENS, and FALA have their own terms, listed on the policies page. A French version for Quebec is at Conditions d'utilisation.

3. About ELAV8 Voice

ELAV8 Voice is a voice-first personal assistant. You can talk or type to plan your day, manage tasks, goals, reminders, and calendars, get answers from the web, and hand bigger jobs to ELAV8 Aliens.

5. AI features and their limits

ELAV8 uses artificial intelligence, provided by third-party AI providers (Google, Anthropic, OpenAI, and xAI), to understand you, answer questions, and carry out requests. The iPhone and Android apps can be used only after you agree to that AI processing. AI can make mistakes. Answers may be inaccurate, incomplete, or out of date, and may not fit your situation. Check important information before you rely on it.

ELAV8 is not medical, legal, financial, or mental-health advice, and it does not replace a professional. Do not use it to diagnose or treat any condition.

In an emergency, call 911. If you are thinking about harming yourself or you are in crisis, call or text 988 (the Suicide & Crisis Lifeline in the United States).

When you ask, ELAV8 can create, change, or delete tasks, events, and reminders, including in calendars you connect. Review what it does for you. You are responsible for the actions you ask it to take.

7. Acceptable use

Use ELAV8 Voice only for lawful, personal purposes. Do not use it to:

• break the law, or help anyone else do so;
• harass, threaten, defame, or harm anyone, or create content that promotes violence, self-harm, or hatred;
• create or share sexual content involving minors, or sexual content about anyone without their consent;
• impersonate a person or organization, or mislead people about where content came from;
• collect or share other people's personal information without their permission;
• get around safety features, or try to extract ELAV8's instructions or underlying models;
• use ELAV8's output to build or train competing AI models;
• access ELAV8 by automated means, or overload, probe, or attack our systems;
• copy, modify, resell, or reverse-engineer the apps, except where the law allows;
• violate the usage policy of the AI provider that handles a request. Those policies are Google's Generative AI Prohibited Use Policy, Anthropic's Acceptable Use Policy, OpenAI's Usage Policies, and xAI's Acceptable Use Policy.

Google: policies.google.com/terms/generative-ai/use-policy. Anthropic: anthropic.com/legal/aup. OpenAI: openai.com/policies/usage-policies. xAI: x.ai/legal/acceptable-use-policy. We may remove content, limit features, or suspend accounts that break these rules.

9. Your content and what ELAV8 creates

You keep ownership of what you put into ELAV8 ("your content"). You give us permission to store, process, and transmit your content, including to service providers such as Google and to ELAV8's AI providers (Google, Anthropic, OpenAI, and xAI), only to provide and secure ELAV8 Voice for you, as the Privacy Policy describes. That permission ends when you delete the content or your account, except for copies the law requires us to keep or that remain in backups for a limited time.

As between you and us, you may use what ELAV8 creates for you ("output"), subject to these Terms and the law. Output may not be unique, and other people may receive similar output. If you send us feedback or ideas, we may use them without any obligation to you.

11. Your data and deleting your account

Our Privacy Policy explains what we collect and how long we keep it. You can delete your data or your account at any time in the app: Settings, then Personal info, then Delete account. Deleting your account is immediate and permanent, and your content cannot be recovered afterwards. We keep only what the Privacy Policy says we keep after deletion.

13. Price

ELAV8 Voice is free today and has no in-app purchases. If we add paid features, we will show you the price and terms before you buy, and purchases in the iPhone app will go through Apple.

15. Sensitive information

ELAV8 is not designed to store payment card numbers, bank account details, government ID numbers, or medical records, so please do not put them in ELAV8. If you mention health or other sensitive topics in a conversation, we use that only to answer you, as the Privacy Policy explains.

17. Suspension and ending your use

You can stop using ELAV8 Voice at any time and delete your account in the app. We may suspend or end your access if you break these Terms, if the law requires it, or to protect our users or ELAV8. Unless it is for a serious breach, we will try to tell you first. If we stop offering ELAV8 Voice, we will give you reasonable notice.

19. Limitation of liability

To the extent the law allows, ELAV8 is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or profits, and our total liability for any claim is limited to the greater of what you paid us in the 12 months before the claim or US$100. Nothing in these Terms limits liability that cannot be limited by law, including your rights under the consumer protection laws where you live.

21. Disputes

Please read this section. It affects your rights. It requires individual arbitration and waives class actions, unless you live where the law does not allow that, or you opt out as described below.

Most concerns can be solved by writing to us. Before starting a formal dispute, send a written notice to support@elav8.ai that describes the dispute and the relief you want. We will try to resolve it for 60 days after we receive that notice.

If we cannot, either of us may start binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association, or bring an individual claim in small-claims court. ELAV8 pays the arbitration fees those consumer rules assign to businesses. Hearings are by video, or in the county where you live if you prefer an in-person hearing.

You can opt out of arbitration within 30 days of first accepting these Terms by emailing support@elav8.ai with the subject "Arbitration opt-out" and the email address on your account.

You and ELAV8 may bring claims only as individuals, not as a class or representative action, except where the law does not allow that waiver. If many similar claims are filed, they proceed in batches as those consumer rules allow.

This arbitration agreement does not apply where the law forbids mandatory arbitration or a class-action waiver for consumers.

23. Apple App Store terms

If you got ELAV8 Voice from Apple's App Store, these terms also apply. Apple's standard Licensed Application End User License Agreement also applies to the app. This section repeats the points Apple requires in a developer's own license.

1. These Terms are between you and ELAV8 AI LLC only, not Apple. We, not Apple, are solely responsible for the app and its content.
2. Your license to the app is a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that it may also be used by other accounts associated with you through Family Sharing or volume purchasing.
3. We alone are responsible for maintenance and support of the app. Apple has no obligation to provide any.
4. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs, or expenses from a failure to conform to a warranty are our responsibility.
5. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
6. If a third party claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling, and discharging that claim.
7. You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
8. Questions, complaints, or claims about the app: ELAV8 AI LLC, 1343 Main Street, Suite 205, Sarasota, FL 34236, United States, support@elav8.ai.
9. You must follow any third-party terms that apply when you use the app, such as your wireless data service agreement.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

25. Changes to these Terms

We may update these Terms. For significant changes, we will tell you in the app or by email at least 15 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using ELAV8 Voice after a change takes effect, the new Terms apply. If you do not agree, stop using ELAV8 Voice and delete your account.