Terms of Service

1. Your agreement with Spikey AI

SVA Products, LLC (Spikey AI, we, us), at 169 Madison Ave, New York, provides Spikey AI. These terms govern the business account and services you order from us. You accept them when you select the agreement checkbox or sign an order that refers to them. You must be at least 18 and authorized to bind the business you represent (you, customer). Keep account access secure and notify us promptly of suspected unauthorized use.

Our Privacy Policy explains information handling. Our Data Processing Addendum is incorporated into these terms for personal information we process for your business, and controls a conflict concerning that processing. A separately signed agreement controls its express conflicts with these terms. Callers do not become paying subscribers or accept these business terms merely by calling your business.

2. Service and limits

Spikey AI answers inbound calls forwarded by your business, uses an AI voice assistant to respond using your approved business information, captures messages and transcripts, identifies possible follow-ups, and sends transactional notices to your authorized team. Optional calendar connections provide availability information. Availability and a caller's request do not themselves create a confirmed appointment, quotation, contract or completed callback.

The service does not place outbound AI calls, conduct telemarketing, or provide emergency calling or dispatch. It cannot contact emergency services for a caller. In an emergency, call 911 directly. Provide another way for customers to reach your business. Do not rely on Spikey AI for urgent or safety-critical communications.

Carrier, internet and provider outages can interrupt calls, delivery and integrations. Dedicated numbers depend on availability and carrier rules; a subscription does not convey ownership of a number. Contact us before cancelling to discuss any number transfer; portability depends on the carriers. Remove forwarding when service ends to avoid lost calls.

3. AI information and human review

AI research, instructions, responses, transcripts, summaries and follow-up suggestions can be inaccurate, incomplete or out of date. Review and correct researched business information before approving it. Do not approve facts, prices, availability or instructions you cannot verify. We record your approval with the reviewed instruction version and date. Keep the information current, test your agent, monitor interactions, and have a person verify important statements and suggestions before acting.

Your business controls its decisions. The assistant is not a licensed professional and must not make eligibility, employment, housing, credit, insurance, healthcare, educational admission or similarly consequential decisions about people. Your review or consent does not waive legal rights or relieve Spikey AI of its own obligations.

4. Caller notice and consent

You must have authority to forward the number and process callers' information. Give callers a clear business privacy notice describing Spikey AI, relevant processing providers, AI handling and transcription. Provide an alternative contact channel for people who decline. Our privacy notice supplements your business notice.

Preserve the AI disclosure and consent controls. Do not bypass, obscure, remove or contradict them through prompts, greetings, integrations or forwarding settings. Obtain legally sufficient consent from every participant before recording or transcribing substantive conversation and honor refusal or withdrawal. Your acceptance of these terms is not caller consent. You are responsible for additional notices, permissions and records required by your business, including any separate recording system you use.

Collect only what is needed for routine business inquiries. Apply appropriate access, retention and deletion practices to call information, including copies received in email and text messages. Cooperate with privacy requests and promptly tell us about complaints, unauthorized disclosures or requests requiring our assistance.

5. Restricted uses and sensitive information

Do not use Spikey AI for unlawful activity, impersonation, deception, discrimination, harassment, spam, unauthorized surveillance, security attacks or infringement of another person's rights. Do not clone a person's voice, create voiceprints or use caller speech for biometric identification or authentication. Marketing texts and outbound automated calls are not permitted.

The standard service is not offered for healthcare intake, health or mental-health counseling, collecting consumer health data, regulated financial or legal intake, debt collection, emergency response, or services directed to children. Do not request or submit protected health information, payment card or bank credentials, government ID numbers, passwords, biometric identifiers, precise location tracking, or other unnecessary sensitive information. Do not upload private medical, financial, legal or personnel files as agent knowledge. A restricted workflow requires separate written approval and appropriate safeguards and agreements before use. These terms are not a HIPAA business associate agreement and do not authorize such a workflow.

6. Automatic renewal, charges and cancellation

Subscriptions renew automatically each month until you cancel. Checkout shows the plan price, currency, interval, included minutes, additional usage rate and applicable taxes before payment. By separately agreeing to recurring billing and completing checkout, you authorize those recurring subscription and additional usage charges to your payment method. Your checkout confirmation identifies the plan purchased. There is no paid trial or trial conversion unless specifically disclosed and accepted at checkout.

Included minutes apply to the billing period in your account and do not carry over. Additional usage is calculated from recorded call duration at the rate disclosed for your plan and may be billed after use. Usage and invoices are available in your account. Your carrier's forwarding charges and recipients' mobile or data charges are separate.

Cancel online through Settings > Billing > Manage billing. You can complete cancellation without calling us. Cancel before the next renewal to stop the next subscription charge. Unless the cancellation screen or mandatory law provides otherwise, service continues through the paid period. Usage already incurred remains payable. If online cancellation is unavailable, email hello@spikeyai.com with your account email and cancellation request; we will use the time we receive it when determining whether the next renewal should be stopped.

We provide confirmations and renewal, price-change, trial and other notices required by law. Increases apply prospectively after notice and any legally required consent; you may cancel before they take effect. Except where law requires a refund or we agree otherwise, used services and partial periods are not refundable. This does not limit rights to dispute incorrect or unauthorized charges, obtain legally required refunds, or exercise statutory cancellation rights. Contact us promptly about billing errors.

7. Transactional SMS and email

Optional Spikey AI texts contain operational callback or account notices for consenting business recipients. Consent is not a condition of purchase. Only enroll a number you control or have documented permission to enroll. Frequency depends on calls and account activity; message and data rates may apply. Reply STOP to stop texts or HELP for help, or email hello@spikeyai.com. You may also disable SMS in Settings. Opting out of texts does not cancel the subscription. SMS availability depends on carrier support and registration. Carriers are not responsible for delayed or undelivered messages.

Keep recipients current. Summaries contain caller information and may be forwarded or visible on a lock screen. Select appropriate recipients and channels. Essential account, security and billing communications may still be sent by email.

8. Content, confidentiality and integrations

You retain rights in content you provide and grant us permission to host, process and transmit it to provide, secure and support the service, subject to the Data Processing Addendum. You must have the necessary rights to provide it. We retain rights in Spikey AI software, branding and documentation. These terms grant no rights to another person's voice, trademarks or protected content.

Each party will protect the other's nonpublic business information with reasonable care and disclose it only to people or providers who need it for the service and are bound by confidentiality obligations, or as required by law. This excludes information independently developed, lawfully received without restriction, or made public without breach. The addendum continues to protect personal information.

You choose whether to connect supported third-party accounts. Disconnect in Integrations or revoke access with the provider. The provider's account terms also apply. We are responsible for our integration; the provider controls its separate service.

9. Suspension and ending service

We may restrict or suspend service when reasonably necessary to address unlawful use, security risks, nonpayment or a material breach. Where practical and lawful, we will give notice and an opportunity to resolve the problem. You may cancel as described above. If we discontinue a paid service for reasons other than your breach, we will return prepaid fees for the unused portion. Request an export or deletion through our privacy request channel. Post-termination data handling is governed by the addendum and Privacy Policy. Existing payment obligations and terms that by their nature should continue survive termination.

10. Warranties and responsibility

We will provide the service with reasonable care and skill. To the extent permitted by law, we do not promise uninterrupted or error-free operation, perfect AI accuracy, or a particular commercial result, and disclaim other implied warranties, including merchantability, fitness for a particular purpose and noninfringement.

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss or lost profits. Each party's total contractual liability arising from the service is limited to fees paid or payable for it in the 12 months before the event giving rise to the claim. These limits do not apply to fraud, willful misconduct, gross negligence, confidentiality or data-protection breaches, your payment obligations, or liability that cannot lawfully be limited. Nothing excludes mandatory consumer rights, remedies or guarantees, including the Australian Consumer Law if applicable.

11. Changes, disputes and contact

We will give notice before material changes apply and obtain agreement where required. Changes do not retroactively alter charges, permissions or disputes. You may cancel before a change you do not accept takes effect. If a provision is unenforceable, the remaining provisions continue. Delay in enforcing a right does not waive it.

Contact us to try to resolve concerns. These terms do not require arbitration or waive jury trials or class actions, or prevent a complaint to a regulator or claim in a court with lawful jurisdiction. Applicable law determines governing law and remedies unless a separate signed agreement lawfully provides otherwise.

SVA Products, LLC, 169 Madison Ave, New York; hello@spikeyai.com.