Legal
Terms of Service
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between SayVo AI Inc. (d/b/a SayVo.ai, "Company," "we," "us," or "our"), a Canadian corporation (16047203 Canada Inc.), and you ("Client," "Subscriber," "User," or "you") governing your access to and use of: (a) the website at https://sayvo.ai (the "Website"); (b) our AI voice calling, SMS messaging, email automation, and related services (collectively, the "Services"); and (c) any software, APIs, or tools we provide.
Business Use Only. The Services are intended solely for business and commercial use. By accessing or using the Services, you represent and warrant that you are acting on behalf of a business entity, not as an individual consumer. The Services are not intended for personal, family, or household purposes.
Definitions
- "AI Agent" — any artificial intelligence-powered voice, chat, or messaging agent deployed through our platform.
- "End Recipient" — any individual who receives a communication (voice call, SMS, email, or other) through our Services.
- "Services" — all AI voice, SMS, email automation, analytics, reporting, and related services provided by SayVo AI.
- "Client Data" — personal information, contact lists, scripts, configurations, or other data submitted by Client for use in the Services.
- "Platform" — our proprietary software, AI models, APIs, and infrastructure used to deliver the Services.
- "Applicable Law" — all federal, provincial, state, and local laws, regulations, and regulatory guidance applicable to Client's use of the Services in any relevant jurisdiction.
- "Commercial Agreement" — any executed proposal, order form, or statement of work setting out specific services, pricing, and commitment terms.
Description of Services
SayVo AI provides AI-powered Inside Sales Agent ("ISA") technology for mortgage brokerages and related financial services businesses. Our Services include, without limitation:
- Outbound AI voice calling to mortgage leads and prospects
- Automated SMS/text message campaigns and follow-up sequences
- AI-assisted email outreach
- Lead qualification, scoring, and routing
- Call recording, transcription, and analytics
- CRM integration, data enrichment, and performance reporting
The specific Services, pricing, and scope are set forth in the applicable Commercial Agreement. In the event of conflict, the Commercial Agreement controls with respect to its specific subject matter.
Website Disclaimer
4.1 — Informational Purposes Only
4.2 — No Warranty on Website Content
4.3 — Performance Claims
Any case studies, testimonials, examples, or performance statistics on the Website are illustrative only and represent past results under specific circumstances. They do not guarantee or predict future results. Individual results will vary materially based on numerous factors outside our control, including market conditions, lead quality, Client implementation, and regulatory environment.
4.4 — Third-Party Content and Links
The Website may reference or link to third-party websites, products, or services. WE HAVE NO CONTROL OVER SUCH THIRD-PARTY CONTENT AND ASSUME NO RESPONSIBILITY FOR ITS ACCURACY, LEGALITY, OR APPROPRIATENESS. References to third parties do not constitute endorsement or recommendation.
Nature and Limitations of AI Services
5.1 — AI-Generated Communications
5.2 — No Warranty on AI Performance
5.3 — AI Disclosure Obligations
Where required by Applicable Law, our AI voice agents will identify themselves as AI upon direct inquiry. Clients are solely responsible for ensuring that their deployment of our AI Services complies with all applicable AI disclosure requirements in their jurisdiction.
5.4 — Continuous Development
Our AI systems are under continuous development. Features, capabilities, and behaviors may change without notice to improve performance, safety, or regulatory compliance.
Consent to AI Communications
6.1 — Express Consent Required
Client represents and warrants that all End Recipients have provided legally sufficient prior express written consent (or equivalent consent as required by Applicable Law) to receive AI-generated calls, SMS messages, and/or emails through our Services. Client shall maintain records of all such consents and provide evidence of consent to us upon request.
6.2 — TCPA (United States)
For US-based End Recipients, Client acknowledges that calls and texts using artificial or prerecorded voice, or automatic telephone dialing system capabilities, are subject to the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA") and FCC regulations thereunder, and that prior express written consent is required for such communications to wireless numbers.
6.3 — CASL (Canada)
For Canadian End Recipients, Client acknowledges that commercial electronic messages (including SMS and email) are subject to Canada's Anti-Spam Legislation ("CASL"), S.C. 2010, c. 23, and that express or implied consent (as applicable under CASL) is required before sending such messages.
6.4 — Do-Not-Call and Suppression Lists
Client is solely responsible for maintaining and applying current Do-Not-Call lists, suppression lists, and any contact exclusion requirements mandated by Applicable Law, including the CRTC's National Do Not Call List and applicable state or provincial equivalents.
Call Recording Consent
Regulatory Compliance — Sole Responsibility of Client
- Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and FCC regulations
- Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310
- Canada's Anti-Spam Legislation (CASL), S.C. 2010, c. 23
- Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5
- Applicable provincial privacy legislation (PIPA, Law 25, PHIPA, etc.)
- CRTC Telecommunications Rules and National Do Not Call List requirements
- CFPB regulations applicable to mortgage and financial services communications
- State and provincial do-not-call and telemarketing laws
- General Data Protection Regulation (GDPR) where applicable
Nothing in these Terms constitutes legal advice or a representation that our Services are compliant with Applicable Law in any particular jurisdiction. Clients should obtain independent legal counsel regarding their compliance obligations before deploying our Services.
Client Obligations
Client agrees to:
- Provide accurate, lawfully obtained, and current contact lists and lead data
- Obtain and maintain all consents, licenses, and permissions required for use of the Services
- Comply with our acceptable use policies and operational guidelines
- Provide timely access to systems, APIs, CRM integrations, credentials, and resources required to deliver the Services
- Respond promptly to requests for information, approvals, or feedback affecting Service delivery
- Promptly notify us of known or suspected compliance violations, data breaches, or issues affecting the Services
- Not use the Services for any unlawful, harassing, abusive, defamatory, fraudulent, or deceptive purpose
- Not transmit content through our platform that infringes third-party intellectual property rights
- Not attempt to reverse engineer, decompile, circumvent, or compromise any component of our platform
Managed Implementation and Onboarding Services
9A.1 — Scope of Implementation Services
As part of onboarding or ongoing account management, SayVo AI may perform implementation tasks on behalf of Client, including without limitation: uploading contact lists, configuring AI agent scripts and call flows, setting up CRM integrations, importing lead data, scheduling campaigns, adjusting AI parameters, and other operational tasks ("Implementation Services"). Implementation Services are performed solely at the direction and on behalf of Client.
9A.2 — Client Retains Full Responsibility
9A.3 — No Obligation to Verify, Audit, or Screen
By providing data, lists, scripts, or instructions to SayVo AI — whether through self-service upload, email, shared drive, verbal instruction, or any other means — Client represents and warrants that: (a) all such materials are lawfully obtained and accurate; (b) all required consents have been secured; (c) all applicable DNC and suppression list checks have been performed; and (d) all content complies with Applicable Law in every relevant jurisdiction.
9A.4 — Indemnification for Client-Provided Materials
Without limiting the general indemnification obligations in Section 17, Client shall specifically indemnify, defend, and hold harmless the Released Parties from any and all claims, fines, penalties, damages, and costs arising from or relating to any data, contact list, script, or instruction provided by Client to SayVo AI, including claims arising from DNC violations, unsolicited communications, or regulatory enforcement actions, regardless of whether SayVo AI performed the technical act of uploading, configuring, or initiating such communications on Client's behalf.
Billing and Payment
10.1 — Fees
Service fees are set forth in the applicable Commercial Agreement and are due at the start of each billing cycle unless otherwise specified.
10.2 — No Refund Policy
Without limiting the foregoing, no refund shall be issued for: (a) monthly or annual subscription fees, whether partially used or unused; (b) setup fees, onboarding fees, or implementation charges; (c) any fees associated with AI agent configuration, script development, or deployment; (d) overage charges or usage-based fees already incurred; (e) fees for periods during which the Service was available but Client elected not to use it; (f) fees remaining under a commitment period upon early termination; or (g) any other charges arising under the Commercial Agreement.
Client acknowledges that SayVo AI incurs substantial costs in provisioning infrastructure, configuring AI agents, and allocating resources upon onboarding, and that these costs cannot be recovered upon cancellation. By subscribing to or purchasing any Service, Client expressly waives any right to seek a refund, chargeback, or reversal of payment except as strictly required by mandatory law in Client's jurisdiction.
If Client initiates a chargeback or payment dispute with a payment processor or financial institution, SayVo AI reserves the right to (i) immediately suspend or terminate all Services, (ii) pursue collection of the disputed amount plus any associated fees, and (iii) report the outstanding balance to credit reporting agencies where permitted by law.
10.3 — Late Payment
Invoices not paid within agreed terms may accrue interest at 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services without liability in the event of non-payment.
10.4 — Taxes
All fees are exclusive of applicable taxes, duties, and levies. Client is responsible for all applicable taxes arising from procurement of our Services.
Commitment Period and Engagement Structure
As set forth in the Commercial Agreement, Client's engagement may be subject to a minimum commitment period (typically nine months at the agreed-upon rate). If Client is enrolled in a discounted commitment plan, Client remains responsible for all fees owing through the end of the commitment period. Early termination of a commitment plan results in an early termination fee equal to the remaining balance of the commitment period, unless otherwise agreed in writing.
Intellectual Property
12.1 — Our Property
All software, AI models, algorithms, workflows, automations, integrations, scripts, documentation, trademarks, and other intellectual property developed by or for SayVo AI ("Company IP") are and shall remain our exclusive property. These Terms grant no right, title, or interest in any Company IP except for the limited license below.
12.2 — Limited License
Subject to Client's compliance with these Terms and timely payment of all fees, SayVo AI grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of the applicable Commercial Agreement, solely for Client's internal business purposes.
12.3 — License Revocation
This license is automatically revoked upon termination or expiration of the Commercial Agreement or Client's material breach of these Terms. Upon revocation, Client must immediately cease all use of the Services and platform.
Service Availability and Performance
13.1 — No Service Level Guarantee
13.2 — Modifications to Services
We reserve the right to modify, suspend, deprecate, or discontinue any feature, functionality, or component of the Services at any time, with or without notice. We may impose new or additional conditions, limitations, or restrictions on use of the Services. We shall have no obligation to maintain backward compatibility, preserve historical data formats, or continue supporting deprecated features.
13.3 — Beta and Experimental Features
Certain features may be designated as beta, experimental, preview, or early access. Such features are provided for evaluation purposes only, may contain bugs or errors, may be modified or withdrawn at any time, and are subject to additional disclaimers as communicated at the time of release.
Disclaimer of Warranties
- Implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement
- Warranties that the Services will be uninterrupted, timely, error-free, secure, or free of viruses, malware, or harmful components
- Warranties as to the accuracy, completeness, reliability, quality, or suitability of any AI-generated content, output, recommendation, or classification
- Warranties that the Services will meet Client's specific business requirements, performance expectations, or achieve particular conversion rates, revenue targets, or business outcomes
- Warranties as to the performance, reliability, or availability of any third-party carrier, network, API, telephony provider, or technology used in connection with the Services
- Warranties that the Services comply with Applicable Law in any particular jurisdiction or that use of the Services will not give rise to regulatory liability
- Warranties arising from course of dealing, course of performance, or usage of trade
14.1 — Marketing and Promotional Materials
All statements, statistics, testimonials, and performance metrics displayed on the Website, social media, or marketing materials are provided for informational and illustrative purposes only. Such materials do not constitute contractual commitments, guarantees of performance, or warranties of any kind. Actual results may vary based on factors including but not limited to Client's industry, data quality, configuration, and market conditions.
Limitation of Liability
15.1 — Exclusion of Consequential Damages
15.2 — Cap on Direct Damages
15.3 — Essential Basis of the Bargain
The parties acknowledge and agree that: (a) the disclaimers, exclusions, and limitations in Sections 13 through 16 are a fundamental element of the basis of the bargain between the parties; (b) SayVo AI would not provide the Website or Services at the agreed fees without these provisions; (c) these provisions shall apply even if any limited remedy fails of its essential purpose; and (d) these provisions allocate risk between the parties in a manner that is reasonable and commercially appropriate given the nature and pricing of the Services.
15.4 — No Liability for Third-Party Actions
Without limiting the foregoing, the Released Parties shall have no liability for: (a) actions, omissions, or communications of End Recipients; (b) failures, errors, or outages of third-party telephony carriers, SMS gateways, email service providers, cloud hosting providers, or any other third-party infrastructure; (c) regulatory or legal actions brought against Client by any governmental authority; (d) Client losses resulting from data provided by Client that is inaccurate, outdated, or unlawfully obtained; or (e) market conditions, economic downturns, or competitive dynamics affecting Client's business.
Assumption of Risk
Client expressly acknowledges and assumes all risks associated with the use of AI-powered communications technology, including without limitation the risk that AI agents may: (a) produce inaccurate, misleading, or contextually inappropriate statements; (b) fail to correctly interpret recipient intent, tone, or meaning; (c) convey information that does not accurately reflect Client's intended message, policies, or offers; (d) fail to comply with jurisdiction-specific disclosure or consent requirements; or (e) experience unexpected behaviors, including hallucinations, repetitive outputs, or unintended escalations.
Script Compliance Guardrails; Limitation of Liability for AI Outputs
SayVo AI provides "Script Compliance Guardrails" as part of the Services. Script Compliance Guardrails are technical controls designed to keep AI agents operating within the scripts, qualification logic, and conversation flows approved by Client during onboarding and configuration. These guardrails are intended to reduce (but cannot guarantee the elimination of) the risk of AI-generated hallucinations, off-script statements, unauthorized rate quotes, false promises, or other inaccurate outputs.
16A.1 — Scope of Script Compliance
Script Compliance Guardrails apply only to content and conversation logic expressly configured and approved by Client. SayVo AI does not guarantee that AI agents will never deviate from approved scripts under all circumstances, including but not limited to: (a) edge-case conversations not anticipated in the approved script library; (b) ambiguous or unexpected borrower responses; (c) concurrent system updates or model changes; or (d) interactions involving content not covered by the configured guardrails.
16A.2 — Client Responsibility for Regulatory Compliance
Script Compliance Guardrails are a conversation-quality tool, not a regulatory compliance solution. Client retains sole responsibility for ensuring that all AI-generated communications comply with applicable federal, state, provincial, and local laws, including without limitation TCPA, CASL, DNC regulations, SAFE Act requirements, state lending disclosure rules, and any industry-specific rules governing mortgage advertising and solicitation. SayVo AI provides tools and guidance to support Client's compliance efforts, but does not act as a compliance officer, legal advisor, or regulatory consultant.
16A.3 — No Liability for AI Outputs
SayVo AI shall have no liability for any losses, claims, fines, penalties, damages, or regulatory actions arising from: (a) any statement, representation, or promise made by an AI agent during a call, SMS, or email, including but not limited to rate quotes, approval guarantees, fee estimates, or product recommendations; (b) any borrower or third-party reliance on AI-generated outputs; (c) any regulatory violation resulting from AI-generated content, even if Script Compliance Guardrails were enabled; or (d) Client's failure to review, audit, and approve AI scripts and configurations prior to deployment.
Indemnification
Client agrees to indemnify, defend, and hold harmless SayVo AI and its affiliates, officers, directors, employees, agents, licensors, and successors (collectively, "Indemnified Parties") from and against any and all third-party claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Client's use of the Services in violation of these Terms or Applicable Law
- Client's failure to obtain legally required consents from End Recipients
- Client's violation of TCPA, CASL, or any other telemarketing, privacy, or consumer protection law
- Any content, data, contact lists, or instructions provided by Client to SayVo AI
- Any claim by an End Recipient arising from Client's deployment of the Services
- Client's infringement of any third-party intellectual property rights
- Client's fraud, willful misconduct, or gross negligence
We will provide Client with prompt written notice of any indemnifiable claim, allow Client to assume control of the defense (with counsel reasonably acceptable to us), and provide reasonable cooperation. We reserve the right to participate in the defense at our own expense.
Cancellation and Termination
18.1 — Month-to-Month Plans
Clients on a month-to-month plan may cancel with fourteen (14) days' written notice without incurring an early termination fee.
18.2 — Commitment Plans — Early Termination
Clients enrolled in a discounted commitment plan who cancel prior to end of the commitment period are responsible for an early termination fee equal to the remaining balance of the commitment period fees, prorated monthly.
18.3 — Termination for Cause
SayVo AI may suspend or terminate Client access immediately, without notice or liability, if Client: (a) materially breaches these Terms and fails to cure within 10 days of written notice; (b) engages in fraudulent or illegal activity; (c) becomes insolvent or files for bankruptcy; or (d) continued provision of Services would expose SayVo AI to regulatory, legal, or reputational risk.
18.4 — Effects of Termination
Upon termination: (a) all licenses are immediately revoked; (b) Client's platform access is disabled; (c) all outstanding fees become immediately payable; and (d) Client Data is deleted per our data retention policy.
Data Handling and Deletion
Force Majeure
SayVo AI shall not be liable for any delay or failure to perform its obligations to the extent such delay or failure is caused by events beyond our reasonable control, including: acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, governmental actions or restrictions, telecommunications or internet outages, carrier failures, cyberattacks, denial-of-service attacks, power failures, third-party service provider outages, or labor disputes. We will use commercially reasonable efforts to resume performance as soon as practicable.
Governing Law and Jurisdiction
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to Section 20, the parties irrevocably submit to the exclusive jurisdiction of the courts of Toronto, Ontario, Canada.
Dispute Resolution
22.1 — Informal Resolution
Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute by senior management negotiation for 30 days following written notice of the dispute.
22.2 — Arbitration
If informal resolution fails, any commercial dispute may be referred to binding arbitration under the rules of the ADR Institute of Canada, seated in Toronto, Ontario. The language of arbitration shall be English. The arbitration award shall be final and binding.
22.3 — Exceptions
Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.
Class Action Waiver
If this class action waiver is found to be unenforceable in any jurisdiction, then the entirety of Section 22 (Dispute Resolution) shall be deemed void with respect to that jurisdiction, and any disputes shall proceed exclusively in the courts specified in Section 21.
Limitation Period
Feedback and Submissions
If Client or any user provides SayVo AI with any feedback, suggestions, ideas, enhancement requests, recommendations, feature requests, or other input regarding the Website or Services ("Feedback"), Client hereby irrevocably assigns to SayVo AI all right, title, and interest (including all intellectual property rights) in and to such Feedback. SayVo AI may use, reproduce, modify, distribute, and commercialize Feedback without restriction, attribution, or compensation.
Client represents that any Feedback provided does not violate third-party intellectual property rights and that Client has authority to make the above assignment.
Electronic Communications Consent
By accessing the Website, using the Services, or providing your email address to us, you consent to receiving electronic communications from SayVo AI, including notices, agreements, disclosures, amendments to these Terms, and other information. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
General Provisions
- Entire Agreement: These Terms, together with any Commercial Agreement and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
- Severability: If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions continue in full force.
- Waiver: No failure or delay in exercising any right or remedy constitutes a waiver thereof.
- Assignment: Client may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or asset sale.
- Notices: Notices shall be in writing — to SayVo AI at contact@sayvo.ai; to Client at the email provided in the Commercial Agreement.
- Relationship of Parties: The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship.
- No Third-Party Beneficiaries: These Terms are solely for the benefit of the parties and confer no rights on any third party.
Survival
The following provisions shall survive any termination or expiration of these Terms: Definitions (Section 2), Website Disclaimer (Section 4), Nature and Limitations of AI Services (Section 5), Call Recording Consent (Section 7), Regulatory Compliance (Section 8), Intellectual Property (Section 12), Service Availability (Section 13), Disclaimer of Warranties (Section 14), Limitation of Liability (Section 15), Assumption of Risk (Section 16), Indemnification (Section 17), Data Handling and Deletion (Section 19), Governing Law (Section 21), Dispute Resolution (Section 22), Class Action Waiver (Section 23), Limitation Period (Section 24), Feedback (Section 25), and this Section 28, together with any other provisions that by their nature are intended to survive.
Amendments
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email or through the Website. Continued use of the Services after the effective date of changes constitutes acceptance. If you object to any changes, you must cease using the Services and provide written notice of termination.
Contact Information
SayVo AI (16047203 Canada Inc.) — d/b/a SayVo.ai
Email: contact@sayvo.ai
Website: https://sayvo.ai
Mailing Address: PO Box 338, Station A, Toronto, ON M5W 1C5, Canada
SMS support: Reply HELP to any message | Opt out: Reply STOP to any message
By signing a Commercial Agreement, opting in to our SMS service, or accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Frequently Asked Questions
Is SayVo AI liable if the AI agent says something incorrect?
No. SayVo AI expressly disclaims all warranties regarding the accuracy, completeness, or reliability of AI-generated content. AI systems are probabilistic and may produce errors. Clients are solely responsible for reviewing and validating AI outputs. SayVo AI's total liability is capped at the fees paid in the preceding 60 days.
Who is responsible for TCPA and CASL compliance when using SayVo AI?
The Client is solely and exclusively responsible for ensuring compliance with all applicable laws — including TCPA, CASL, PIPEDA, and state/provincial telemarketing regulations — in every jurisdiction where they deploy the Services. This includes obtaining all required consents from End Recipients and maintaining Do-Not-Call lists.
Can I cancel my SayVo AI subscription early?
Month-to-month plans can be cancelled with 14 days written notice. Clients on discounted commitment plans who cancel early are responsible for an early termination fee equal to the remaining balance of the commitment period. SayVo AI does not offer refunds, credits, or reimbursements of any kind — all fees paid are strictly non-refundable.
What happens to my data when I cancel SayVo AI?
Upon termination, Client Data — including call recordings, contact lists, and associated records — is retained for up to 14 days for export. After this period, all data is permanently and irrecoverably deleted. Clients are solely responsible for exporting data before termination.
Does SayVo AI guarantee uptime or service availability?
No. SayVo AI does not guarantee any specific level of uptime, availability, or performance. The Services are provided on an as-is, as-available basis and may be subject to interruptions, maintenance, or degraded performance at any time. SayVo AI has no liability for service interruptions.
Are SayVo AI calls recorded?
Yes. All calls made through the SayVo AI platform are recorded. Clients acknowledge this and are solely responsible for notifying End Recipients of call recording as required by applicable law, including in two-party consent jurisdictions. Clients must indemnify SayVo AI for claims arising from failure to provide adequate recording disclosures.