Terms of Service

Avalon Desk provides an AI-powered virtual receptionist designed to handle inbound business calls according to Client-defined configuration and instructions.

Depending on the Client's selected configuration, the AI Receptionist may:

• Answer inbound calls
• Respond to approved questions
• Collect caller information
• Identify the purpose of calls
• Qualify inquiries
• Provide approved business information
• Schedule appointments
• Route or transfer calls
• Generate call summaries
• Generate transcripts
• Send email and/or SMS notifications
• Perform other agreed call-handling functions.

Avalon Desk may also provide optional website design, logo design, branding, automation, or related business services.

Features may vary depending on the Client's subscription, configuration, integrations, telecommunications providers, and third-party services.

Avalon Desk's Services are designed to allow Clients to continue using their existing business telephone number.

Where technically available, calls may be forwarded or routed from the Client's existing number to the AI Receptionist according to agreed routing preferences.

Avalon Desk does not automatically acquire ownership of the Client's existing telephone number.

Client remains responsible for its underlying telephone account and carrier relationship unless expressly agreed otherwise.

Initial telephone connection, forwarding, testing, and configuration may require manual setup by Avalon Desk.

Activation is not necessarily instantaneous, and no specific activation timeline is guaranteed unless separately agreed in writing.

Clients must provide accurate and complete information necessary to configure their Services.

This may include:

• Business information
• Existing telephone number
• Business hours
• Services
• Service areas
• Pricing information
• Frequently asked questions
• Call-routing instructions
• Appointment rules
• Live-transfer information
• Notification preferences
• Calendar information
• Voice selection.

Avalon Desk currently configures Client receptionist deployments based on the information supplied during onboarding.

Completion of an online onboarding form does not mean that the AI Receptionist has been automatically provisioned or activated.

Clients are responsible for reviewing and approving the information, responses, scripts, services, prices, FAQs, routing rules, and booking instructions supplied for their configuration.

Avalon Desk may rely on information provided by Client without independently verifying its accuracy.

The Avalon Desk AI Receptionist is offered as a recurring monthly subscription at the price displayed at checkout, currently $499 per month unless otherwise stated.

The subscription automatically renews each billing period until canceled. Clients may cancel their subscription at any time.

By purchasing a recurring subscription, Client authorizes Avalon Desk and its payment processor to charge the selected payment method on a recurring basis until cancellation.

Avalon Desk may change subscription pricing upon at least thirty (30) days' advance notice to affected existing Clients unless a separate written agreement provides otherwise.

Applicable taxes may be added where required.

Clients may cancel their AI Receptionist subscription at any time through an available account-management mechanism or by contacting Support@avalondesk.com.

Cancellation prevents future renewals and becomes effective at the end of the then-current paid billing period.

Except where required by law or expressly agreed otherwise in writing:

Payments already made are non-refundable, and Avalon Desk does not provide prorated refunds or credits for unused portions of a billing period.

The Client may continue using eligible Services through the remainder of the paid billing period unless the account is terminated for violation of these Terms or unlawful conduct.

Cancellation does not eliminate amounts already owed.

If payment fails, Avalon Desk or its payment processor may retry the applicable payment method.

Avalon Desk may suspend or limit Services until outstanding amounts are successfully paid.

Avalon Desk may terminate accounts that remain delinquent.

Client remains responsible for unpaid amounts incurred before suspension or termination.

Logo, website, branding, and other one-time projects may be charged separately at the rate disclosed before purchase.

Unless otherwise agreed in writing, one-time service payments become non-refundable once substantive work has begun.

Project scope, revisions, deliverables, and timelines may be subject to separate written terms, proposals, or statements of work.

Client must possess appropriate rights to all names, images, trademarks, text, photographs, and other materials supplied to Avalon Desk.

Client is responsible for:

• Providing accurate business information
• Maintaining accurate hours, services, prices, policies, and availability
• Reviewing AI receptionist configurations
• Providing lawful instructions
• Maintaining appropriate telephone and internet services
• Maintaining accurate billing information
• Protecting account credentials
• Reviewing important call and appointment information
• Following up on ambiguous, urgent, or flagged communications
• Complying with laws applicable to Client's business
• Obtaining legally required permissions and consents
• Providing legally required notices to customers
• Ensuring Client's use of recordings, transcripts, caller information, and other Service outputs is lawful.

Client acknowledges that Avalon Desk provides technology and related services and does not assume responsibility for operating Client's underlying business.

The Services may record, monitor, and/or transcribe telephone communications.

Avalon Desk's standard configuration is designed to provide an audible notice at the beginning of applicable calls informing callers that the communication may be monitored, recorded, and/or transcribed.

Client agrees not to remove, bypass, disable, or materially modify such notice without first determining that doing so complies with all applicable laws.

Call-recording, monitoring, interception, transcription, privacy, and consent laws vary between jurisdictions.

Client is responsible for identifying laws applicable to its business and use of the Services and for informing Avalon Desk of any special consent, disclosure, or recording requirements applicable to Client's business, callers, industry, or jurisdiction.

Avalon Desk does not warrant that a standard disclosure satisfies every law or regulatory requirement applicable to every Client.

Client acknowledges that Avalon Desk may process personal information relating to Client's customers, prospective customers, callers, employees, and other third parties solely in connection with providing the Services.

Client represents, warrants, and agrees that:

1. Client has all rights, authority, permissions, notices, consents, and other lawful bases necessary to collect, disclose, transmit, and instruct Avalon Desk to process such information in connection with the Services.
2. Client is responsible for complying with all privacy, telecommunications, call-recording, monitoring, transcription, wiretapping, consumer-protection, and data-protection laws applicable to Client's business, callers, customers, industry, and jurisdictions.
3. Client will provide all privacy notices and disclosures required by applicable law and will obtain all legally required permissions or consents before directing Avalon Desk to collect, record, transcribe, process, store, or otherwise handle information on Client's behalf.
4. Client will not instruct Avalon Desk to remove, disable, bypass, or materially modify any standard call-recording, monitoring, or transcription disclosure unless Client has independently determined that doing so complies with all applicable laws.
5. Client remains responsible for determining the purposes for which caller and customer information is collected and subsequently used by Client.
6. Client will not use the Services to collect or process sensitive or specially regulated information prohibited under these Terms unless Avalon Desk has expressly agreed in writing to support such processing.
7. Client will promptly notify Avalon Desk if Client becomes aware that its use of the Services may violate applicable privacy, telecommunications, recording, consent, or data-protection requirements.

Avalon Desk may rely upon Client's representations, instructions, and confirmations without independently investigating the laws applicable to Client's specific business, customers, callers, or jurisdictions.

Client's obligations under this Section survive suspension, cancellation, or termination of the Services to the extent relating to conduct or information processed during Client's use of the Services.

Unless expressly approved by Avalon Desk in a separate written agreement, Client shall not intentionally configure the Services to collect or process:

• Social Security numbers
• Complete payment-card information
• Financial account credentials
• Authentication passwords
• Protected health information regulated by HIPAA
• Other highly sensitive or specially regulated information requiring safeguards Avalon Desk has not expressly agreed to provide.

Avalon Desk does not represent that its standard Services satisfy HIPAA, PCI DSS, or specialized industry regulatory requirements.

Clients operating in regulated industries must notify Avalon Desk before using the Services for regulated information.

Client acknowledges that artificial-intelligence systems are probabilistic and may produce errors.

The AI Receptionist may occasionally:

• Misunderstand callers
• Misinterpret accents, background noise, or speech
• Provide incomplete or inaccurate information
• Fail to recognize information
• Incorrectly classify an inquiry
• Fail to complete an intended action
• Produce an unintended response
• Experience latency or interruption
• Fail to transfer or route a call
• Fail to create an appointment
• Otherwise operate differently than expected.

Client is responsible for reviewing material business information generated through the Services and for establishing appropriate procedures for important, urgent, unusual, or ambiguous communications.

Avalon Desk does not guarantee that any particular call will result in a lead, sale, appointment, conversion, customer, revenue, or other business outcome.

THE SERVICES ARE NOT AN EMERGENCY COMMUNICATION OR EMERGENCY RESPONSE SYSTEM.

The AI Receptionist is not a substitute for 911, police, fire departments, emergency medical services, poison control, utility emergency lines, security dispatch services, or other emergency authorities.

Client shall not advertise, configure, or represent Avalon Desk as an emergency-response service.

Businesses that may receive urgent or emergency communications are responsible for implementing appropriate escalation instructions and informing customers how to contact appropriate emergency services.

Avalon Desk does not guarantee that emergency statements will be correctly recognized, classified, routed, or escalated.

References to "24/7," "always answering," "never miss a call," or similar marketing language describe the intended capability of the AI Receptionist to operate outside ordinary business hours when properly configured.

Such statements do not constitute a guarantee that the Services will operate continuously without interruption.

Unless Avalon Desk separately agrees to a written Service Level Agreement ("SLA"), no guaranteed uptime percentage, response time, call-answer rate, activation time, or service-availability commitment applies.

The Services may rely upon third-party providers for:

• Telecommunications
• Call routing
• Artificial intelligence
• Voice generation
• Cloud hosting
• Website infrastructure
• Payment processing
• Email
• SMS
• Calendar integrations
• Scheduling
• Analytics
• Security
• Other technical functionality.

Avalon Desk does not control third-party infrastructure and cannot guarantee its continuous availability, performance, accuracy, security, or functionality.

Service interruptions, delays, failures, or changes caused by third-party systems may affect the Services.

To the maximum extent permitted by law, Avalon Desk is not responsible for losses resulting solely from the failure, interruption, discontinuation, or modification of third-party services outside Avalon Desk's reasonable control.

Clients may not use the Services to:

• Violate applicable law
• Commit or facilitate fraud
• Harass, threaten, or abuse others
• Impersonate another person or business unlawfully
• Conduct unlawful telemarketing
• Record communications unlawfully
• Violate privacy or data-protection rights
• Collect prohibited sensitive information
• Infringe intellectual-property rights
• Distribute malware or malicious content
• Facilitate illegal products or services
• Misrepresent the Services as an emergency-response system
• Circumvent security or access controls
• Use the Services in a manner that materially harms Avalon Desk, its providers, Clients, callers, or third parties.

Avalon Desk may suspend or terminate Services where it reasonably believes prohibited or unlawful activity is occurring.

Unless expressly agreed in writing, the standard Avalon Desk AI Receptionist service is intended primarily for handling inbound communications.

Clients may not use Avalon Desk for automated outbound telemarketing, prerecorded/artificial-voice marketing calls, mass solicitation, or similar campaigns without Avalon Desk's prior written approval and compliance with all applicable consent, disclosure, do-not-call, telecommunications, and marketing laws.

Avalon Desk retains all rights, title, and interest in its:

• Brand
• Processes
• Systems
• Workflows
• Reusable templates
• Software
• Prompts and configuration methods
• Automation architecture
• Internal tools
• Documentation
• Know-how
• Other proprietary materials.

Clients retain ownership of their pre-existing business information, trademarks, content, and materials.

Unless otherwise stated in a separate agreement, ownership of custom logo or website design deliverables created specifically for Client transfers to Client upon full payment for the applicable project, excluding:

• Avalon Desk's pre-existing materials
• Reusable systems or templates
• Third-party software
• Fonts
• Stock assets
• Licensed materials
• Other components governed by separate licenses.

Nothing prevents Avalon Desk from using general skills, ideas, methods, know-how, and non-confidential techniques developed while performing Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

AVALON DESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

Avalon Desk does not warrant that the Services will be uninterrupted, error-free, completely secure, or suitable for every business purpose.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply where prohibited by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVALON DESK AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES RELATING TO:

• LOST PROFITS
• LOST REVENUE
• LOST BUSINESS
• LOST DATA
• LOSS OF GOODWILL
• MISSED CALLS
• MISSED APPOINTMENTS
• LOST LEADS
• LOST CUSTOMERS
• LOST BUSINESS OPPORTUNITIES
• BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVALON DESK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO AVALON DESK FOR THE APPLICABLE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of whether a claim arises in contract, tort, negligence, strict liability, statute, or another legal theory, to the maximum extent permitted by applicable law.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

To the fullest extent permitted by applicable law, Client agrees to defend, indemnify, and hold harmless Avalon Desk and its owners, officers, employees, contractors, affiliates, successors, and agents from and against third-party claims, demands, actions, proceedings, damages, judgments, liabilities, penalties, fines, losses, costs, and reasonable attorneys' fees arising out of or relating to:

Avalon Desk reserves the right, at Client's expense where legally permitted, to participate in the defense of an indemnified matter.

Client may not settle a claim in a manner that admits wrongdoing by Avalon Desk, imposes obligations upon Avalon Desk, or adversely affects Avalon Desk's rights without Avalon Desk's prior written consent.

Avalon Desk may suspend, restrict, or terminate Services for:

• Non-payment
• Fraud or suspected fraud
• Security concerns
• Unlawful use
• Violation of these Terms
• Abuse of the Services
• Material risk to Avalon Desk or third parties
• Conduct that threatens third-party infrastructure or providers.

Where reasonably practicable, Avalon Desk may provide notice and an opportunity to cure a violation, but immediate suspension may occur where necessary to address security, legal, payment, or abuse concerns.

Avalon Desk shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fires, telecommunications outages, internet failures, power outages, labor disruptions, governmental actions, war, civil disturbances, cyberattacks, third-party infrastructure failures, or similar events.

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any additional venue, dispute-resolution, arbitration, jury-waiver, or class-action provisions should be added only after review by qualified legal counsel.

Avalon Desk may modify these Terms from time to time.

Material changes will become effective upon the date specified in the updated Terms or following any notice required by applicable law.

Changes will not retroactively alter rights or obligations where prohibited by law.

Continued use of the Services after updated Terms become effective constitutes acceptance where legally permissible.

These Terms, together with the Privacy Policy, applicable checkout terms, order forms, statements of work, and other written agreements expressly incorporated by reference, constitute the agreement between Avalon Desk and Client regarding the applicable Services.

If a separate written agreement signed by Avalon Desk expressly conflicts with these Terms, the signed agreement controls with respect to that conflict.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Avalon Desk's failure to enforce a provision of these Terms does not waive its right to enforce that provision or any other provision later.

Client may not assign or transfer these Terms without Avalon Desk's prior written consent.

Avalon Desk may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of substantially all relevant assets, or transfer of the applicable business.

Questions regarding these Terms may be directed to:

Avalon Desk

Support@avalondesk.com

Website: avalondesk.com