Legal

Last updated: October 29, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, BROAD DISCLAIMERS OF WARRANTY, AND LIMITATIONS OF OUR LIABILITY, INCLUDING FOR MISSED, DROPPED, MISHANDLED, OR UNANSWERED CALLS AND FOR ANY LOST BUSINESS THAT RESULTS.

1. Acceptance of These Terms

These Terms of Service (the "Terms") are a legally binding agreement between Fixfox LLC, a Washington limited liability company ("FixFox," "we," "us," or "our") and the business or individual that purchases, trials, accesses, or uses AVA ("Customer," "you," or "your"). By signing an order form, starting a free trial, creating an account, forwarding calls to AVA, or otherwise using the Service, you accept these Terms, our Privacy Policy, and any order form, pricing page, or written plan description we provide (together, the "Agreement"). If you accept on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use the Service.

We may update these Terms at any time by posting the revised version at fixfoxhome.com/terms. Changes take effect when posted, except that material changes take effect 15 days after posting or on your next billing renewal, whichever is sooner. Continued use after that date is acceptance. If you object, your sole remedy is to stop using the Service and cancel.

1.1 Definitions

"Service" or "AVA" means FixFox's AI-powered voice agent, including inbound and outbound call handling, voicemail and message taking, appointment scheduling, lead capture, CRM or field-service-software integrations, SMS and email notifications, the customer dashboard, APIs, and all related software, documentation, and support.

"Caller" means any person who calls, is called by, or otherwise interacts with AVA on your behalf, including your customers, prospects, vendors, and employees.

"Call Data" means audio recordings, transcripts, summaries, caller identifiers (including phone numbers and caller ID), metadata, AI-generated notes and classifications, and any information a Caller provides during an interaction.

"Customer Data" means data you upload or configure, such as your business details, pricing, scripts, knowledge base, staff contact information, and integration credentials.

"Third-Party Services" means telephony carriers, VoIP providers, AI model providers, speech-to-text and text-to-speech vendors, CRMs, scheduling tools, and any other service not operated by FixFox.

2. The Service and How AI Is Used

2.1 What AVA Is

AVA is an automated, artificial-intelligence-driven voice agent. It uses large language models, speech recognition, and speech synthesis to converse with Callers, collect information, answer questions from the knowledge base you provide, schedule appointments, and relay messages. AVA is a software tool that supplements your own staff. It is not an answering service staffed by humans, not a licensed contractor or dispatcher, and not a substitute for your own business judgment, supervision, or follow-up.

2.2 AI Is Probabilistic and Imperfect

You acknowledge and agree that AI systems are inherently probabilistic and that AVA may, without limitation: misunderstand or mis-transcribe speech, especially with accents, background noise, poor connections, or technical vocabulary; provide inaccurate, incomplete, outdated, or fabricated information ("hallucinations"); misclassify a call's intent or urgency; record names, addresses, phone numbers, dates, or job details incorrectly; fail to book, double-book, or incorrectly book an appointment; fail to recognize an emergency; respond in a tone or manner you would not have chosen; or terminate, drop, or fail to answer a call. You are solely responsible for reviewing all Call Data, confirming every lead, appointment, quote, and message with the Caller, and taking any action your business requires. FixFox has no obligation to monitor individual calls.

2.3 No Professional, Pricing, or Safety Advice

Any pricing, availability, scope-of-work, or technical statement AVA makes is generated from the information you configured and is for convenience only. It is not a binding estimate, quote, contract, or professional advice, and FixFox is not a party to any transaction between you and a Caller. You are responsible for configuring AVA so that it does not make commitments you are unwilling to honor, and for honoring or correcting any commitment it does make.

2.4 Not an Emergency Service

AVA does not support, route, or respond to emergency calls, including 911, and must not be used as a means of contacting emergency services, poison control, utilities' gas-leak lines, or any life-safety function. You must maintain alternative means for Callers to reach emergency services and you must inform Callers of that fact where appropriate. FixFox is not liable for any outcome arising from a Caller's attempt to report an emergency through AVA.

2.5 Trials, Betas, and Changes

We may offer free trials (currently 15 days) and beta or preview features. These are provided "AS IS" with no commitments of any kind, may be changed or ended at any time, and may be subject to additional limits. We may modify, suspend, add, or discontinue any feature of the Service at any time. We will make reasonable efforts to notify you of material reductions in core functionality, but we have no liability for any modification, suspension, or discontinuation.

2.6 Third-Party Services

AVA depends on Third-Party Services that FixFox does not control, including your VoIP provider, carriers that route calls to and from your numbers, AI model and speech providers, and any CRM, calendar, or field-service platform you connect. FixFox is not responsible for the availability, performance, accuracy, security, pricing, or policies of any Third-Party Service, or for any failure of a call to reach AVA because of forwarding, carrier, number-porting, or configuration issues on your side or your provider's side. Your use of a Third-Party Service is governed by that provider's terms. You are responsible for all fees charged by Third-Party Services, including per-minute telephony or SMS charges from your carrier.

3. Your Responsibilities and Acceptable Use

3.1 Your Account and Configuration

You are responsible for the accuracy and completeness of all Customer Data, for keeping it current, and for the results of any configuration choice you make or approve, including scripts, business hours, service areas, pricing, escalation rules, transfer numbers, and integration settings. You are responsible for all activity under your account and for keeping credentials confidential. FixFox may set up your initial agent as a courtesy based on information you provide; you remain responsible for reviewing and approving that configuration before and after going live.

3.2 Call Recording, Consent, and Disclosure Laws

AVA records and transcribes calls. Recording and AI-disclosure laws vary by state and country and in some jurisdictions require the consent of every party to a call (for example, California, Washington, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and others) or require disclosure that a Caller is speaking with an automated or AI system. You, not FixFox, are solely responsible for determining which laws apply to your calls and for providing all legally required notices and obtaining all legally required consents from Callers. FixFox may offer configurable recording and AI disclosures as a convenience, but their availability does not shift this responsibility, and you must not disable a disclosure where the law requires one. You will indemnify FixFox for any claim arising from recording or AI disclosure without legally sufficient notice or consent.

3.3 Outbound Calls and Messages

If you use AVA to place outbound calls, send SMS, or leave voicemails, you are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the National Do Not Call Registry and state do-not-call lists, state mini-TCPA laws, carrier messaging rules (including 10DLC registration), CAN-SPAM, and all other applicable laws. You represent that you have obtained all required prior express consent from each recipient and that you will honor opt-out requests promptly. FixFox does not scrub lists or verify consent for you.

3.4 Prohibited Uses

You will not, and will not permit anyone to: use the Service for any unlawful, deceptive, harassing, or fraudulent purpose; use AVA to impersonate a human in a way that violates law or to misrepresent AVA as a human when a Caller directly asks; collect or process Social Security numbers, full payment card numbers, protected health information subject to HIPAA, or other highly sensitive data through AVA (the Service is not designed or certified for such data); use the Service in any application where failure could lead to death, personal injury, or severe property or environmental damage; reverse engineer, copy, scrape, or build a competing product from the Service; interfere with the Service's security or operation; exceed usage limits of your plan; resell or white-label the Service without a written agreement; or use the Service to violate any third party's rights.

3.5 Your Business Operations

You acknowledge that AVA is one channel among many for reaching your business and that your revenue, scheduling, customer satisfaction, and reputation depend on factors entirely within your control and outside FixFox's control. You agree to maintain reasonable business practices independent of AVA, including monitoring the dashboard and notifications, returning calls and messages, keeping your forwarding and VoIP settings correct, and verifying appointments. You will not rely on AVA as your sole means of capturing business, and you assume all risk of doing so.

3.6 Suspension

We may suspend or limit the Service immediately, without liability, if we reasonably believe you have violated these Terms, your use threatens the security or integrity of the Service or Third-Party Services, your account is more than 10 days past due, or we are required to do so by law or a Third-Party Service.

4. Call Handling: No Guarantee of Answered Calls, Bookings, or Business Outcomes

THIS SECTION IS A MATERIAL PART OF THE BARGAIN. THE SERVICE WOULD NOT BE OFFERED AT ITS PRICE WITHOUT IT.

4.1 No Guarantee Any Call Will Be Answered or Handled Correctly

FixFox does not promise, warrant, or guarantee that AVA will answer, connect, record, transcribe, understand, complete, transfer, return, or correctly handle any particular call or message, or any percentage of calls or messages. Calls may be missed, dropped, delayed, routed to voicemail, cut off, answered late, answered by a fallback greeting, or not received at all for reasons including, without limitation: outages or degradation of FixFox systems, AI model providers, speech providers, telephony carriers, or your VoIP provider; incorrect or changed call-forwarding, number, or routing settings; number porting; network congestion; spam or robocall filtering by carriers; software bugs; maintenance; high call volume; Caller behavior; or force majeure events.

4.2 No Guarantee of Leads, Appointments, Revenue, or Customer Satisfaction

FixFox does not promise that AVA will capture any lead, book any appointment, convert any Caller, retain any customer, or produce any revenue, cost saving, or other business result. Any statistics, case studies, averages, or examples we publish are illustrative only and are not a commitment about your results. You acknowledge that a Caller who hangs up, declines to book, books with a competitor, is dissatisfied with how AVA handled the call, or leaves a negative review is a risk of your business that you accept in full, and that FixFox has no liability for lost jobs, lost customers, lost referrals, or reputational harm arising from how any call was or was not handled.

4.3 Incorrect Information and Actions

FixFox is not liable for the consequences of any inaccurate, incomplete, or fabricated statement made by AVA, any incorrect data entered into your CRM, scheduling, or field-service software, any missed or incorrect appointment, any notification that was not sent or not received, or any action AVA took or failed to take based on its interpretation of a call. You are responsible for verifying all Call Data before relying on it.

4.4 No Service-Level Commitment

Unless a signed order form states a specific service-level agreement, FixFox makes no uptime, response-time, answer-rate, latency, or accuracy commitment of any kind. Any service credits we choose to offer are discretionary and are your sole and exclusive remedy for any service interruption.

4.5 Transfers, Escalations, and Fallbacks

If you configure AVA to transfer calls, text your staff, or escalate urgent matters, you acknowledge that delivery depends on your staff's availability and on Third-Party Services, and that FixFox does not guarantee any transfer, text, email, or escalation will be completed or acted on. You are responsible for staffing and monitoring every escalation path you configure.

4.6 Your Acknowledgment

You acknowledge that you have read this Section 4, that you have had the opportunity to evaluate AVA during a trial period, that you are a business and not a consumer, and that you accept the Service with full knowledge that calls may be missed or mishandled and that FixFox's liability for such events is limited as set out in Sections 7 and 8.

5. Call Data, Customer Data, and AI Training

5.1 Recording and Storage

You acknowledge and agree that AVA records, transcribes, analyzes, and stores all calls and interactions it handles, and that Call Data is retained on FixFox and Third-Party Service systems for the duration of the Agreement and thereafter as described in Section 5.5 and our Privacy Policy. You will inform Callers of recording and AI use as required by law (see Section 3.2).

5.2 Ownership

As between you and FixFox, you own your Customer Data. FixFox owns the Service, all software, models, prompts, voices, configurations and templates it creates, all aggregated and de-identified data, and all improvements to the Service, including improvements derived from Call Data. Nothing in the Agreement transfers any FixFox intellectual property to you.

5.3 License to FixFox, Including AI Training

You grant FixFox and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable (except as provided in Section 5.5) license to host, copy, store, transmit, process, analyze, modify, and create derivative works of Customer Data and Call Data in order to (a) provide, maintain, secure, and support the Service; (b) comply with law; and (c) train, fine-tune, evaluate, test, and improve FixFox's artificial-intelligence models, speech models, prompts, and products, now and in the future. Where practicable, FixFox will de-identify or pseudonymize Call Data used for training, but you acknowledge that voice recordings and free-form speech may be inherently identifiable and that FixFox does not guarantee de-identification. You represent that you have all rights, consents, and authority needed to grant this license, including with respect to Callers.

5.4 Aggregated and De-Identified Data

FixFox may create and use aggregated, anonymized, or de-identified data (for example, call volumes, booking rates, common questions, and model performance metrics) for any lawful purpose during and after the term, and such data is not Customer Data or Call Data.

5.5 Deletion After Termination

After your subscription ends, you may request deletion of your Customer Data and the Call Data associated with your account by emailing support@fixfox.ai from the email address on your account. FixFox will delete or de-identify that data from its active systems within 30 days of a verified request, except that FixFox may retain (a) data already incorporated into trained models, model weights, or derived improvements, which cannot practicably be extracted; (b) de-identified and aggregated data; (c) copies in routine backups until those backups are overwritten in the ordinary course (not more than an additional 90 days); (d) billing, account, and transaction records; and (e) data FixFox is required to keep by law, legal hold, or to establish or defend legal claims. Third-Party Services hold Call Data under their own retention terms; FixFox will issue deletion instructions to them where their tools allow but does not control their systems. If you do not request deletion, FixFox may retain or delete Call Data at its discretion in accordance with the Privacy Policy. Your own Callers may also exercise rights directly with FixFox as described in the Privacy Policy.

5.6 Data Export

During the term and for 30 days after termination, you may export your transcripts and call summaries from the dashboard or request a reasonable export from FixFox. After that window, FixFox has no obligation to retain or provide your data.

5.7 Feedback

If you give us suggestions or feedback, we may use them without restriction or compensation.

6. Fees, Billing, Term, and Termination

6.1 Fees and Payment

You will pay the fees for your plan tier and any usage, overage, setup, or add-on charges shown on your order form or the pricing in effect when you subscribe. Subscriptions bill in advance on a recurring monthly (or annual, if selected) basis and renew automatically until cancelled. Usage-based charges bill in arrears. You authorize FixFox to charge your payment method on file for all amounts due. Fees are exclusive of taxes; you are responsible for all sales, use, telecommunications, and similar taxes other than taxes on FixFox's net income. Late amounts accrue interest at 1.5% per month or the maximum lawful rate, whichever is less, plus reasonable collection costs.

6.2 No Refunds

All fees are non-refundable and non-creditable, including for partial periods, unused minutes or capacity, downgrades, missed or mishandled calls, dissatisfaction with AI performance, or termination by you for any reason, except where a refund is required by law or expressly stated in a signed order form.

6.3 Price Changes

We may change pricing or plan features with at least 30 days' notice by email or dashboard notice. Changes apply at your next renewal after the notice period. Your continued use after the effective date is acceptance.

6.4 Term and Cancellation by You

The Agreement begins when you first accept it and continues until cancelled. You may cancel at any time from the dashboard or by emailing support@fixfox.ai; cancellation takes effect at the end of the then-current billing period and no refund is issued for the remainder. Annual plans may not be cancelled early for a refund.

6.5 Termination by FixFox

FixFox may terminate the Agreement or any Service (a) for convenience on 30 days' notice; (b) immediately if you materially breach the Agreement, fail to pay within 10 days of notice, violate Section 3, or become insolvent; or (c) immediately if required by law, a court, or a Third-Party Service, or if continuing to provide the Service creates legal or security risk to FixFox in its reasonable judgment.

6.6 Effect of Termination

On termination, your right to use the Service ends, AVA stops answering calls on your numbers, and you are responsible for immediately redirecting your call forwarding. FixFox is not responsible for any call that reaches a disconnected or un-forwarded number after termination. All unpaid amounts become immediately due. Sections 1.1, 2.2 through 2.6, 3, 4, 5, 6.2, 6.6, 7, 8, 9, and 10 survive termination.

6.7 Referral Credits and Promotions

Referral rewards, discounts, and promotional credits have no cash value, may not be transferred, may be modified or revoked at any time, and are forfeited on termination.

7. Disclaimer of Warranties

THE SERVICE, ALL CALL DATA, ALL AI-GENERATED OUTPUT, AND ALL SUPPORT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXFOX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, OR SYSTEM INTEGRATION.

WITHOUT LIMITING THE FOREGOING, FIXFOX DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY CALL WILL BE ANSWERED, RECORDED, TRANSCRIBED, UNDERSTOOD, TRANSFERRED, OR HANDLED CORRECTLY OR AT ALL; (C) ANY AI OUTPUT WILL BE ACCURATE, RELIABLE, APPROPRIATE, OR FREE OF HALLUCINATION OR BIAS; (D) ANY APPOINTMENT WILL BE BOOKED, ANY LEAD CAPTURED, ANY NOTIFICATION DELIVERED, OR ANY DATA CORRECTLY ENTERED INTO A THIRD-PARTY SYSTEM; (E) THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY BUSINESS RESULT; (F) THE SERVICE COMPLIES WITH ANY LAW APPLICABLE TO YOUR INDUSTRY OR JURISDICTION, INCLUDING CALL-RECORDING, TELEMARKETING, CONSUMER-PROTECTION, LICENSING, OR PRIVACY LAWS; OR (G) DEFECTS WILL BE CORRECTED.

No advice or information, whether oral or written, obtained from FixFox, its staff, its sales materials, or through the Service creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain implied warranties; in those jurisdictions the above exclusions apply to the fullest extent permitted and any non-excludable warranty is limited in duration to 30 days from first use.

8. Limitation of Liability and Indemnification

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIXFOX OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, JOBS, LEADS, CUSTOMERS, CONTRACTS, GOODWILL, REPUTATION, DATA, OR ANTICIPATED SAVINGS, OR FOR THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF FIXFOX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION SPECIFICALLY INCLUDES ALL DAMAGES ARISING FROM ANY MISSED, DROPPED, DELAYED, UNANSWERED, MISROUTED, OR MISHANDLED CALL OR MESSAGE; ANY INACCURATE AI OUTPUT; ANY MISSED, INCORRECT, OR DUPLICATE APPOINTMENT; ANY LOST OR INCORRECTLY RECORDED LEAD; ANY FAILED TRANSFER, NOTIFICATION, OR INTEGRATION; AND ANY ACTION A CALLER TAKES OR DOES NOT TAKE AS A RESULT.

8.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXFOX'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE WILL NOT EXCEED THE LESSER OF (A) THE FEES YOU ACTUALLY PAID TO FIXFOX FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000). IF YOU ARE ON A FREE TRIAL OR OTHERWISE HAVE PAID NO FEES, FIXFOX'S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). The existence of more than one claim will not enlarge this limit. The exclusions and limits in this Section 8 apply even if any limited remedy fails of its essential purpose.

8.3 Basis of the Bargain

You acknowledge that the fees reflect the allocation of risk in Sections 4, 7, and 8, that FixFox would not provide the Service without these limitations, and that you have had the opportunity to insure against or otherwise manage the risks you assume. Nothing in these Terms limits liability that cannot be limited under applicable law, including for fraud or willful misconduct.

8.4 Time Limit on Claims

To the extent permitted by law, any claim you have arising out of or relating to the Agreement or the Service must be filed within one (1) year after the claim arose, or it is permanently barred.

8.5 Your Indemnification of FixFox

You will defend, indemnify, and hold harmless FixFox and its affiliates, officers, directors, employees, contractors, and Third-Party Service providers from and against all claims, demands, suits, investigations, damages, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service or any Call Data; (b) your Customer Data, configuration, scripts, or instructions; (c) any claim by a Caller, customer, employee, or other third party relating to a call handled or not handled by AVA, including claims for missed service, property damage, personal injury, breach of contract, consumer protection, defamation, or negligence; (d) your actual or alleged violation of any law, including call-recording, wiretap, AI-disclosure, TCPA, do-not-call, privacy, licensing, or consumer-protection laws; (e) your failure to obtain any consent or provide any notice required by law; (f) your breach of the Agreement; or (g) any dispute between you and a Caller or other third party. FixFox may participate in the defense with counsel of its choosing at its own cost, and you will not settle any claim that imposes obligations on FixFox without our written consent.

8.6 Release

To the fullest extent permitted by law, you release FixFox from all claims, known or unknown, arising from disputes between you and any Caller, customer, or other third party in connection with the Service. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9. Dispute Resolution, Arbitration, and Governing Law

9.1 Informal Resolution First

Before filing any claim, you agree to send a written notice of dispute to support@fixfox.ai describing the issue and the relief sought, and to negotiate in good faith for 60 days. Most concerns can be resolved this way.

9.2 Binding Arbitration

If the dispute is not resolved informally, any claim or controversy arising out of or relating to the Agreement, the Service, or the relationship between you and FixFox (including the scope, validity, or enforceability of this Section) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in King County, Washington, or by video conference if the arbitrator permits. The arbitrator may award only relief available to an individual party and may not award relief against FixFox in favor of anyone other than you. The arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section. Each party bears its own attorneys' fees and costs unless the arbitrator finds a claim frivolous, in which case the prevailing party may recover its fees.

9.3 Class Action and Jury Trial Waiver

YOU AND FIXFOX EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY. If this waiver is found unenforceable as to a particular claim, that claim will be severed and heard in court under Section 9.5, while all remaining claims proceed in arbitration.

9.4 Exceptions

Either party may bring an individual action in small claims court for qualifying claims, and either party may seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or the security of the Service, or to collect unpaid fees.

9.5 Governing Law and Venue

The Agreement is governed by the laws of the State of Washington and applicable U.S. federal law, without regard to conflict-of-law rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, and waive any objection based on inconvenient forum.

10. General Provisions

10.1 Force Majeure

FixFox is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, labor disputes, government action, power or internet outages, carrier or telephony failures, cyberattacks, failures of AI model or cloud providers, or changes in law or Third-Party Service policies.

10.2 Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform under the Agreement. This does not restrict FixFox's rights under Section 5 or disclosures required by law.

10.3 Publicity

You grant FixFox permission to identify you as a customer by name and logo in marketing materials unless you opt out by emailing support@fixfox.ai.

10.4 Independent Contractors

The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, franchise, fiduciary, or employment relationship. AVA does not act as your agent for purposes of forming contracts with Callers unless you expressly configure it to do so, and in that case you alone are bound.

10.5 Assignment

You may not assign or transfer the Agreement without FixFox's written consent. FixFox may assign the Agreement freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

10.6 Notices

Notices to FixFox must be sent to Fixfox LLC, ATTN: Legal, 1755 268th Pl SE, Sammamish, WA 98075, with a copy to support@fixfox.ai. Notices to you may be sent to the email on your account or posted in the dashboard and are effective when sent or posted.

10.7 Export and Government Use

You will comply with U.S. export laws. The Service is commercial computer software, and government users receive only the rights granted to all customers under these Terms.

10.8 Severability, Waiver, and Interpretation

If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will stay in effect, except as provided in Section 9.3. A party's failure to enforce a provision is not a waiver. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.

10.9 Entire Agreement and Order of Precedence

The Agreement is the complete and exclusive agreement between the parties about the Service and supersedes all prior proposals, representations, marketing statements, and agreements. No terms in a purchase order or vendor form bind FixFox. If there is a conflict, a signed order form controls over these Terms, and these Terms control over the Privacy Policy, except for data-subject rights described in the Privacy Policy.

10.10 Contact

Questions about these Terms: support@fixfox.ai or 1-206-800-6430.

These Terms are published at fixfoxhome.com/terms/ava.