Terms of Service

Effective Date: March 5, 2026 | Last Updated: March 5, 2026

1. Introduction and Acceptance

Welcome to Aiva.io ("Aiva", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Aiva website at www.tryaiva.io (the "Website"), our AI-powered communication assistant application, and all related services, features, and content (collectively, the "Service").

By creating an account, connecting a third-party service, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" shall include that organisation.

If you do not agree to these Terms, you must not access or use the Service.

These Terms should be read alongside our Privacy Policy, which describes how we collect, use, and protect your data.

2. Definitions

In these Terms:

  • "Account" means your registered user account on the Service.
  • "AI Features" means the artificial intelligence functionality of the Service, including email classification, reply drafting, auto-send, task extraction, scheduling assistance, summarisation, and voice assistant capabilities.
  • "Auto-Send" means the feature that automatically sends AI-generated email replies on your behalf based on your configured confidence thresholds and preferences.
  • "Channel Connection" means an authorised link between the Service and a third-party communication platform (e.g., Gmail, Microsoft Outlook, Google Calendar) established via OAuth 2.0.
  • "Content" means any data, text, emails, calendar events, files, or other materials accessed, processed, or generated through the Service.
  • "Subscription" means a paid plan (Basic, Pro, or Enterprise) that grants access to specific features and usage limits.
  • "User Content" means any content you provide, upload, or make accessible through the Service, including emails, settings, AI rules, and configuration.
  • "Workspace" means a multi-tenant organisational unit within the Service where your data, team members, and settings are managed.
3. Eligibility

To use the Service, you must:

  • Be at least 16 years of age (or the age of digital consent in your jurisdiction)
  • Have the legal capacity to enter into a binding agreement
  • Not be barred from using the Service under applicable law
  • Provide accurate, current, and complete information during registration and keep your account information up to date

If you are under 16 years of age, you may not create an account or use the Service. We do not knowingly collect or process data from anyone under 16.

4. Account Registration and Security

You may register for an account using your email address, a magic link, or a supported third-party OAuth provider (Google, Microsoft, GitHub).

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account, whether or not you authorised them
  • Immediately notifying us at support@tryaiva.io if you suspect any unauthorised access to your account

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

5. Description of the Service

Aiva is an AI-powered communication assistant that integrates with your email and calendar accounts to help you manage your inbox more efficiently. The Service includes, but is not limited to:

  • Unified Inbox: Aggregating messages from connected email channels (Gmail, Microsoft Outlook) into a single interface
  • AI Classification: Automatically categorising emails by priority, category, sentiment, and actionability
  • AI Draft Replies: Generating contextual email reply drafts using artificial intelligence
  • Auto-Send: Optionally sending AI-generated replies automatically based on configurable confidence thresholds
  • Calendar Integration: Reading and creating calendar events, detecting scheduling conflicts, and proposing meeting times
  • Task Extraction: Identifying actionable tasks from email content
  • Contact Management: Building contact profiles from communication interactions
  • Voice Assistant: Voice-based interaction with your inbox (Pro plan and above)
  • Shopify Integration: AI-powered customer support for Shopify merchants

Features may vary by subscription plan. We reserve the right to modify, add, or remove features at any time with reasonable notice.

6. AI Features, Accuracy, and Limitations

The Service uses third-party artificial intelligence models (currently OpenAI GPT-4o-mini) to process, classify, and generate content. By using AI Features, you acknowledge and agree that:

  • AI Output Is Not Guaranteed: AI-generated content (including draft replies, classifications, summaries, and scheduling suggestions) may contain errors, inaccuracies, or inappropriate content. You are solely responsible for reviewing and approving any AI-generated content before it is sent or acted upon.
  • Auto-Send Responsibility: If you enable the Auto-Send feature, emails will be sent on your behalf automatically when the AI's confidence exceeds your configured threshold. You acknowledge that you are fully responsible for all emails sent through Auto-Send, including any errors or unintended consequences. We provide safeguards (confidence thresholds, review periods, excluded categories, and a kill switch), but these do not eliminate all risk.
  • No Professional Advice: AI-generated content does not constitute legal, financial, medical, or other professional advice. You should not rely on AI output for decisions requiring professional judgement.
  • Data Processing by Third Parties: To provide AI Features, your email content is sent to OpenAI for processing. OpenAI processes this data under their enterprise privacy terms and does not use it to train their models. See our Privacy Policy for full details.
  • Continuous Improvement: AI models and algorithms may be updated, which could change the behaviour, quality, or output of AI Features. We will endeavour to maintain or improve quality but cannot guarantee consistent results across model updates.
7. Third-Party Integrations and Channel Connections

The Service integrates with third-party platforms through OAuth 2.0 authorisation. By connecting a third-party account, you:

  • Authorise Aiva to access and interact with your data on that platform within the scope of the permissions you grant
  • Acknowledge that your use of third-party platforms is governed by their respective terms of service and privacy policies
  • Agree that we are not responsible for the availability, accuracy, or security of third-party platforms
  • Understand that you may revoke access at any time through your workspace settings or the third-party platform's account permissions

Third-party integrations currently supported include:

  • Google (Gmail, Google Calendar, Google Sign-In)
  • Microsoft (Outlook, Outlook Calendar)
  • Shopify (for Shopify App users)
  • Stripe (payment processing)

Additional integrations (Slack, Microsoft Teams, and others) may be added in the future. We will update these Terms and notify you accordingly.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not:

  • Use the Service to send unsolicited bulk emails (spam), phishing messages, or malicious content
  • Use Auto-Send or AI Features to harass, threaten, defame, or impersonate any person or entity
  • Attempt to bypass, disable, or interfere with any security features, rate limits, or access controls of the Service
  • Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Service
  • Use the Service to violate any applicable local, state, national, or international law or regulation
  • Transmit any viruses, malware, or other harmful code through the Service
  • Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use
  • Create multiple accounts to circumvent usage limits, bans, or billing obligations
  • Use the Service to collect, store, or process data in violation of applicable data protection laws
  • Resell, sublicense, or commercially exploit the Service without our express written consent

We reserve the right to investigate and take appropriate action (including suspension or termination of your account) if we reasonably believe you have violated this Acceptable Use Policy.

9. User Content, Ownership, and Licences

9.1 Your Content

You retain all ownership rights in User Content that you provide to the Service. This includes your emails, calendar events, contacts, settings, and configurations. We do not claim ownership of your User Content.

9.2 Licence to Us

By using the Service, you grant Aiva a limited, non-exclusive, worldwide, royalty-free licence to access, process, store, and transmit your User Content solely as necessary to provide, maintain, and improve the Service. This licence terminates when you delete your content or close your account.

9.3 AI-Generated Content

Content generated by AI Features (such as draft replies, summaries, and classifications) is provided for your use. You are free to use, modify, or discard AI-generated content. However, we make no warranties regarding the originality, accuracy, or fitness for purpose of AI-generated content, and you assume full responsibility for any use of such content.

9.4 Our Intellectual Property

The Service, including its design, software, algorithms, user interface, branding, logos, documentation, and all other proprietary materials, is owned by Aiva.io and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use our brand, trademarks, or logos without prior written consent.

10. Subscriptions, Billing, and Payments

10.1 Plans

The Service is offered under multiple subscription plans (Free, Basic, Pro, and Enterprise), each with different feature sets and usage limits. Plan details, pricing, and feature comparisons are available on our Pricing page.

10.2 Payment

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Payment is processed securely through Stripe (for web customers) or Shopify Billing (for Shopify App users). By subscribing to a paid plan, you authorise us to charge your selected payment method for the applicable fees.

10.3 Free Trials

We may offer free trial periods for paid plans. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. We will notify you before trial expiry.

10.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to your paid plan features until the end of your current billing period. No refunds will be issued for the remaining portion of a billing period unless required by applicable law.

10.5 Price Changes

We reserve the right to change subscription pricing with at least 30 days' notice. Price changes will apply to the next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

10.6 Refunds

Refunds are generally not provided except where required by applicable consumer protection law (including the Australian Consumer Law). If you believe you are entitled to a refund, please contact support@tryaiva.io.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points include:

  • We access your email and calendar data only with your explicit consent via OAuth 2.0
  • Email content is processed by OpenAI to provide AI Features; OpenAI does not use your data to train their models
  • All data is encrypted in transit (TLS 1.3) and at rest (AES-256)
  • Your data is isolated within your workspace using row-level security
  • We do not sell your personal information to any third party
  • You can disconnect channels, export your data, or delete your account at any time

Our use of Google User Data complies with the Google API Services User Data Policy, including the Limited Use requirements. See Section 3 of our Privacy Policy for detailed disclosures.

12. Data Retention and Account Deletion

We retain your data for as long as your account is active and as needed to provide the Service. You may:

  • Disconnect a channel: Remove a connected account (Gmail, Outlook, Calendar) at any time through your workspace settings. Associated synced data will be deleted within 30 days.
  • Delete your account: Request account deletion through your account settings or by emailing privacy@tryaiva.io. All personal data will be permanently deleted within 30 days, with backups purged within 90 days.
  • Export your data: Request a copy of your data in a machine-readable format by contacting support.

Certain data may be retained longer where required by law (e.g., billing records for tax compliance) or to resolve disputes. See our Privacy Policy for detailed retention schedules.

13. Service Availability and Modifications

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide reasonable advance notice where practicable)
  • Emergency security patches or updates
  • Third-party service outages (Google, Microsoft, Supabase, etc.)
  • Force majeure events beyond our reasonable control

We reserve the right to modify, update, or discontinue any part of the Service at any time. For material changes that significantly affect your use:

  • We will provide at least 30 days' notice via email or in-app notification
  • If you disagree with the changes, you may cancel your subscription before they take effect
14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We specifically disclaim all implied warranties including:

  • Merchantability: We do not warrant that the Service will meet your specific requirements
  • Fitness for a Particular Purpose: We do not warrant that AI Features will produce accurate, complete, or appropriate results for your use case
  • Non-Infringement: We do not warrant that the Service does not infringe the rights of any third party
  • Accuracy of AI Output: We do not warrant the accuracy, reliability, or appropriateness of any AI-generated content, classifications, summaries, or scheduling suggestions

Australian Consumer Law Notice: If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), certain statutory guarantees apply to the Service that cannot be excluded, restricted, or modified. Nothing in these Terms is intended to exclude, restrict, or modify any statutory guarantee or right that cannot be lawfully excluded.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • No Indirect Damages: In no event shall Aiva, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, goodwill, or other intangible losses, arising from your use of or inability to use the Service.
  • Auto-Send Liability: We are not liable for any damages arising from emails sent through the Auto-Send feature, including but not limited to incorrect, inappropriate, or untimely responses. You acknowledge that you have configured and enabled Auto-Send at your own risk.
  • AI Output Liability: We are not liable for decisions you make based on AI-generated content, including scheduling errors, misclassifications, or inaccurate summaries.
  • Third-Party Services: We are not liable for any loss or damage caused by the unavailability, malfunction, or changes to third-party services (Google, Microsoft, Shopify, OpenAI, Stripe, etc.).
  • Maximum Liability: Our total aggregate liability to you for all claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to Aiva in the 12 months preceding the event giving rise to the claim, or (b) AUD $100.

Australian Consumer Law Notice: Liability under non-excludable statutory guarantees under Australian Consumer Law is limited, to the extent permitted, to resupply of the Service or payment of the cost of resupply.

16. Indemnification

You agree to indemnify, defend, and hold harmless Aiva.io, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

  • Your use of the Service or any violation of these Terms
  • Emails sent through the Auto-Send feature on your behalf
  • Your use of AI-generated content in a manner that causes harm to a third party
  • Your violation of any applicable law, regulation, or third-party rights
  • Any User Content you provide to the Service that infringes the rights of a third party

This indemnification obligation applies to the maximum extent permitted by applicable law.

17. Termination

17.1 Termination by You

You may terminate your account at any time by cancelling your subscription and deleting your account through your account settings, or by contacting support@tryaiva.io.

17.2 Termination by Us

We may suspend or terminate your access to the Service immediately, with or without notice, if:

  • You breach these Terms or our Acceptable Use Policy
  • We are required to do so by law, regulation, or court order
  • Your use of the Service poses a security risk or could harm other users
  • Your account has been inactive for more than 12 months
  • We decide to discontinue the Service (with at least 30 days' notice)

17.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service will cease immediately
  • We will delete your data in accordance with our Privacy Policy (generally within 30 days)
  • You remain liable for any fees accrued prior to termination
  • Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) shall survive
18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles. The courts of New South Wales, Australia shall have non-exclusive jurisdiction over any disputes arising under these Terms.

18.2 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at legal@tryaiva.io and attempt to resolve the dispute informally within 60 days.

18.3 Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This class action waiver does not apply where prohibited by law.

18.4 Australian Consumer Rights

Nothing in this section limits or excludes any rights you may have under the Australian Consumer Law or other mandatory consumer protection legislation that cannot be excluded by agreement.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aiva.io regarding the Service and supersede all prior agreements, communications, and proposals, whether written or oral.

19.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or unlawful by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default shall not be a waiver of any subsequent default.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to be bound by these Terms.

19.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or third-party service failures.

19.6 Notices

We may provide notices to you via email to the address associated with your account, through in-app notifications, or by posting updates on the Website. You agree that electronic notices satisfy any legal requirement for written communication.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last Updated" date at the top of this page
  • For material changes, we will provide at least 30 days' notice via email or in-app notification before the changes take effect
  • Your continued use of the Service after the effective date constitutes acceptance of the updated Terms
  • If you disagree with the changes, you must stop using the Service and cancel your subscription before the new Terms take effect

We encourage you to review these Terms periodically to stay informed of any updates.

21. Contact Us

If you have questions, concerns, or feedback about these Terms of Service, please contact us:

General Inquiries: support@tryaiva.io

Legal and Privacy: legal@tryaiva.io

Privacy Inquiries: privacy@tryaiva.io

Website: www.tryaiva.io