# FALA > FALA (Elevate Follow-Up) by Elav8 is a voice-first AI customer-service widget builder. Production: https://fala.elav8.ai. Billing and identity are provided by Paga at https://pagaelav8.com. Use markdown (`Accept: text/markdown`) on the same URLs that serve HTML. The public API contract is `/openapi.json`. Do not treat the dashboard SPA as an API. When to use FALA: a site that needs an installable voice/chat agent grounded in that site's own pages, with lead capture and optional phone/SMS follow-up. Use the widget runtime (`/api/w/*`) when embedding or testing a published agent via its public key. Do not use FALA as a general LLM API or an Elav8/Paga billing API. AI agents can build and install a FALA agent through the FALA MCP server at `https://fala.elav8.ai/mcp`. For Elav8 subscriptions, entitlements, and Sign in with Elav8, start at https://pagaelav8.com. ## Docs - [FALA homepage](https://fala.elav8.ai/): Product overview for humans and agents - [FALA features](https://fala.elav8.ai/features): Voice guidance, forms, lead capture - [FALA pricing](https://fala.elav8.ai/pricing): Free, Launch, Starter, Pro, Enterprise - [FALA trust and security](https://fala.elav8.ai/security): Isolation, audit, consent - [Fala Research: The Ask Gap (FR-2026-01)](https://fala.elav8.ai/research/voice-vs-chat): Voice vs text conversion evidence review, modelled lift, first-party plan - [Install FALA with a coding agent](https://fala.elav8.ai/install/coding-agent): The four install paths; the prompt for Claude, Codex or Cursor ## Developer resources - [FALA by Elav8 developer resources](https://fala.elav8.ai/developers): Elav8 FALA API docs, OpenAPI, auth docs, webhooks, and discovery files - [OpenAPI specification](https://fala.elav8.ai/openapi.json): Public widget and discovery API - [RFC 9727 API catalog](https://fala.elav8.ai/.well-known/api-catalog): Machine-readable catalog - [FALA MCP server card](https://fala.elav8.ai/.well-known/mcp/server-card.json): Build a FALA agent end to end over MCP (Streamable HTTP, bearer auth, scoped keys) - [auth.md](https://fala.elav8.ai/auth.md): How AI agents obtain credentials for the MCP server - [Agent skills](https://fala.elav8.ai/.well-known/agent-skills/index.json): Skills for installing FALA (and building over MCP) - [AI catalog](https://fala.elav8.ai/.well-known/ai-catalog.json): ARD manifest of FALA's agent-facing resources - [llms-full.txt](https://fala.elav8.ai/llms-full.txt): Concatenated public markdown ## Company - [About FALA](https://fala.elav8.ai/about): Who builds FALA (Elav8), who it is for, and what we believe - [Contact](https://fala.elav8.ai/contact): Support, Enterprise, security and research contacts ## Optional - [Sitemap](https://fala.elav8.ai/sitemap.xml) - [Privacy Policy](https://fala.elav8.ai/privacy) - [Terms of Service](https://fala.elav8.ai/terms) - [security.txt](https://fala.elav8.ai/.well-known/security.txt) # Ditch your old chatbot. Give your site a voice. In a head-to-head study, a voice website assistant booked 7.4x more meetings than a text-chat one (a single study; see the research below). FALA by Elav8 is a voice-first AI customer-service widget builder. It turns an existing website into a grounded voice agent that answers questions, walks visitors to the right page, fills forms with them, qualifies leads, and hands off to a human when needed — out loud and in real time. ## How FALA works ### FALA reads your site Paste a URL. FALA scrapes approved pages, brand signals, offers, FAQs, and service language into a knowledge base the agent is allowed to use. ### The Architect interviews you Owners talk through who they serve, what to qualify, what to promise, and when a person should take over. Those answers become the agent's boundaries. ### Your agent goes live FALA publishes a domain-locked widget (bubble, modal, or top bar) and an install guide. One script tag embeds the agent on the site. ## What the agent does FALA answers from the owner's site, guides navigation, fills forms by voice, captures phone and email with consent, books meetings, and learns from unanswered questions. Responses stay grounded in approved content instead of inventing policy. ## The research: visitors who talk convert more than visitors who type Fala Research Technical Report FR-2026-01, The Ask Gap, reviews 41 sources on voice versus text on websites. In the only like-for-like production comparison (the same AI agent in voice mode and text mode on live sites for 13 weeks), attention was a tie but voice captured 1.8x the emails and booked 7.4x the meetings. Speaking is 2.9x faster than typing on a phone. Modelled lift: up to 2x for lead capture, widening with the size of the ask. - [Read the report](https://fala.elav8.ai/research/voice-vs-chat) - [Try the interactive Ask Gap Lab](https://fala.elav8.ai/research/voice-vs-chat/lab) - [Fala Research](https://fala.elav8.ai/research) ## Plans Free ($0), Launch ($19/month), Starter ($49/month), Pro ($149/month), and Enterprise (custom). Every plan includes messages and live voice minutes. Paid agents can continue past the allowance so a busy day does not silence the widget. ## For agents and developers - [FALA by Elav8 developer resources](https://fala.elav8.ai/developers) - [OpenAPI specification](https://fala.elav8.ai/openapi.json) - [llms.txt](https://fala.elav8.ai/llms.txt) - [Features](https://fala.elav8.ai/features), [Pricing](https://fala.elav8.ai/pricing), [Trust & Security](https://fala.elav8.ai/security) Start at https://fala.elav8.ai/ or Sign in with Elav8. # A voice agent that can help visitors finish the job. FALA by Elav8 is more than a chat bubble. The agent answers questions, guides people through a site, fills forms with them, and hands qualified opportunities to a team — out loud and in real time. ## Capabilities ### Answers grounded in your business FALA learns approved pages, offers, policies, and FAQs before it speaks, so answers stay useful and on-brand. ### Voice-guided navigation Visitors ask where to go. FALA opens the right page, highlights the next action, and keeps the conversation moving. ### Form filling by voice Names, emails, phone numbers, and intent are captured conversationally, confirmed, and submitted only after approval. ### Lead qualification and handoff Ask the questions the team cares about, route qualified visitors, book meetings, and preserve context for a human follow-up. ### Learning loop Unanswered questions become knowledge-base improvements instead of disappearing into transcripts. ### Controls built for trust Domain locking, retention controls, consent records, audit history, and tenant isolation protect every workspace. See [pricing](https://fala.elav8.ai/pricing) and [FALA by Elav8 developer resources](https://fala.elav8.ai/developers). # Start free. Scale when FALA is working. Every FALA by Elav8 plan includes messages and live voice minutes. Paid agents can continue past the included allowance, so a busy day never turns into a silent widget. Billing and entitlements are sourced from Paga (Elav8 billing) at https://pagaelav8.com. ## Plans ### Free — $0 Build and test the first agent: 1 knowledge base, 1 widget, 200 messages per month, 40 voice minutes, voice form filling and guided navigation. ### Launch — $19 per month One site live that never goes quiet: 1 knowledge base, 1 widget, 600 messages, 60 voice minutes, and usage that can continue past the allowance. ### Starter — $49 per month Small sites going live: 3 knowledge bases, 5 widgets, 1,500 messages, 100 voice minutes, and usage that can continue past the allowance. ### Pro — $149 per month Higher volume and connected follow-up: 15 knowledge bases, 25 widgets, 6,000 messages, 400 voice minutes, CRM and Slack lead sync, and the option to remove the FALA badge. ### Enterprise — custom Negotiated volume and white-label delivery, including full-page takeover mode. Compare capabilities on [Features](https://fala.elav8.ai/features). # An AI agent your security team can say yes to. FALA by Elav8 talks to customers, so it is held to a higher bar: hard tenant isolation, an append-only audit trail, encryption for anything sensitive, retention controls, and consent tooling — built into the product. ## Identity Owners sign in with Elav8 over OAuth 2.1 with PKCE. FALA never stores the password. Optional TOTP two-factor is available. ## Isolation Every record is scoped to the workspace server-side. One customer cannot read another's conversations, leads, knowledge, or reports. ## Accountability Sign-ins, changes, exports, and admin access are recorded in an append-only audit trail with SOC 2-aligned controls (not a claimed certification). ## Retention and consent Owners choose how long leads and transcripts are kept. Per-channel opt-ins travel with every lead. Widget keys are domain-locked. Legal pages: [Privacy](https://fala.elav8.ai/privacy), [Terms](https://fala.elav8.ai/terms), [DPA](https://fala.elav8.ai/dpa). # FALA by Elav8 developer resources Machine-readable FALA (Elevate Follow-Up by Elav8) resources for agents and implementers. Product name: FALA. Parent platform: Elav8. Billing and identity live on Paga at https://pagaelav8.com. This page is the Elav8 FALA developer index — API docs, OpenAPI, auth, webhooks, and widget install. ## OpenAPI specification The public FALA OpenAPI document is [openapi.json](https://fala.elav8.ai/openapi.json). It describes the unauthenticated widget runtime, health, branding, and discovery files. Authenticated dashboard, admin, and Shopify-internal routes are intentionally omitted. ## Widget runtime API Customer sites load `/widget.js` with a `data-elevate-key` public key. The embed calls `GET /api/w/{public_key}/config`, `POST /api/w/chat` (SSE), and `POST /api/w/lead`. Voice uses an ephemeral token from `POST /api/w/{public_key}/voice-token`. Keys are domain-locked. ## Example requests Install: one line before `` on every page (the key comes from the FALA dashboard or the MCP `get_install_code` tool): ```html ``` Read a widget's published config (send your site's Origin — keys are domain-locked): ```bash curl -H 'Origin: https://your-site.com' https://fala.elav8.ai/api/w/YOUR_PUBLIC_KEY/config ``` Ask the published agent a question (server-sent events): ```bash curl -N -X POST https://fala.elav8.ai/api/w/chat \ -H 'Content-Type: application/json' -H 'Origin: https://your-site.com' \ -d '{"public_key": "YOUR_PUBLIC_KEY", "message": "What are your hours?"}' ``` ## Errors, rate limits and versioning Every 4xx and 5xx body is a JSON `Error` object: `{"detail": "…"}` (a list of field errors on 422). Responses from rate-limited routes carry `RateLimit-Policy` and `RateLimit` headers (IETF format) plus `RateLimit-Limit`, `RateLimit-Remaining` and `RateLimit-Reset`; a 429 adds `Retry-After` in seconds. Every public API response carries `API-Version: 1`. Changes within version 1 are additive only; an operation scheduled for removal is marked `deprecated: true` in the OpenAPI document and answers with `Deprecation` and `Sunset` headers at least 90 days before it is removed. ## MCP server AI agents (Claude, ChatGPT, Cursor, Codex) can build a FALA agent end to end over the Model Context Protocol: read a business website into a knowledge base, create and style the voice + chat widget, and fetch the one-line install code. Endpoint: `https://fala.elav8.ai/mcp` (Streamable HTTP, stateless, every protocol revision from 2024-11-05 to 2026-07-28). Authentication: `Authorization: Bearer `. A workspace owner or admin issues an API key (`fala_sk_…`) with scopes `fala.read` (always), `fala.write` and `fala.publish`; the key acts as that member and never exceeds their role. Machine-readable: [protected-resource metadata](https://fala.elav8.ai/.well-known/oauth-protected-resource). Install terms: only the workspace owner or an admin can agree to FALA's install terms, in the dashboard. Until they have, the install code is withheld and the agent receives a link to hand to its human. Discovery: [MCP server card](https://fala.elav8.ai/.well-known/mcp/server-card.json), [agent skills](https://fala.elav8.ai/.well-known/agent-skills/index.json), [AI catalog](https://fala.elav8.ai/.well-known/ai-catalog.json). ## Connect an AI agent MCP clients that support OAuth sign the person in themselves: on first connect a browser window opens where they sign up or sign in with Elav8 and approve access (dynamic client registration and PKCE, so there is no key to paste). - Claude (desktop or web): Settings → Connectors → Add custom connector → `https://fala.elav8.ai/mcp`. - Claude Code: `claude mcp add --transport http fala https://fala.elav8.ai/mcp`, then `/mcp` to sign in. - Cursor: add `{"mcpServers": {"fala": {"url": "https://fala.elav8.ai/mcp"}}}` to `mcp.json`. - Any other client: send `Authorization: Bearer fala_sk_…` with an API key from the workspace owner. Then ask: "Use FALA to build a voice agent for my-site.com and give me the install code." Tools: whoami, create_brand_from_website, get_knowledge_status, add_knowledge, create_widget, update_widget_look, publish_widget, get_install_code, check_install and more. ## Auth docs Dashboard operators sign in with Elav8 (OAuth 2.1 + PKCE). Widget traffic authenticates with the workspace public key, not an owner session. AI agents authenticate to the MCP server with a bearer token (see MCP server below). ## Webhooks FALA receives signed Paga webhooks at `/api/elav8/webhooks` (entitlements, subscription, and charge events). Merchants do not subscribe to that endpoint. ## Discovery files - [llms.txt](https://fala.elav8.ai/llms.txt) - [llms-full.txt](https://fala.elav8.ai/llms-full.txt) - [RFC 9727 API catalog](https://fala.elav8.ai/.well-known/api-catalog) - [Agent skills index](https://fala.elav8.ai/.well-known/agent-skills/index.json) - [AI catalog (ARD)](https://fala.elav8.ai/.well-known/ai-catalog.json) - [MCP server card](https://fala.elav8.ai/.well-known/mcp/server-card.json) - [FALA on Smithery](https://smithery.ai/servers/elav8/fala) - [sitemap.xml](https://fala.elav8.ai/sitemap.xml) - [security.txt](https://fala.elav8.ai/.well-known/security.txt) # Fala Research Evidence reviews and first-party measurements on how people talk to websites: conversation, modality and conversion. Written to the standard of a system card — numbered sections, stated priors, intervals on every estimate, limitations before conclusions, and a change log. ## Reports - [The Ask Gap: Why visitors who talk convert more than visitors who type (FR-2026-01, v1.0)](https://fala.elav8.ai/research/voice-vs-chat) - [The Ask Gap Lab: the interactive companion](https://fala.elav8.ai/research/voice-vs-chat/lab) ## In progress FR-2026-01 v1.1: a randomised pre-registered first-party study (OSF) of voice-first and text-only widgets on opted-in Fala customer sites. The Fala Voice Index: an annual benchmark of how visitors talk to websites. # The Ask Gap: Why visitors who talk convert more than visitors who type Fala Research Technical Report FR-2026-01, v1.0, published 2026-09-15. Authors: Fala Research (Elav8). A quantitative review of voice versus text modality effects on website conversion, with a model for estimating lift. The PDF is available from the report page. ## Summary of findings - In the only like-for-like production comparison found (the same AI agent on live B2B websites, voice mode vs text mode, 13 weeks; Docket 2026), attention was a tie (185 s vs 195 s in conversation; CTA click-through 10.3% vs 10.4%) and conversion was not: voice captured 1.8x the emails and booked 7.4x the meetings. - The gap appears at the ask and scales with the commitment asked: +22% for orders in a 1.5-million-user voice-shopping pilot (Meesho, 2026), 1.8-2.0x for an email address, 7.4x for a calendar slot. Fala Research calls this the Ask Gap. - Chat itself works, but less than its headline number: the widely quoted 2.8x compares visitors who chose to chat with those who did not; the selection-corrected causal estimate is +16% (Tan, Wang & Tan, Information Systems Research, 2019). - Speaking is 2.9x faster than typing on a phone (153 vs 52 words per minute) with a 20% lower error rate (Ruan, Wobbrock, Liou, Ng & Landay, 2018); people type at 36 WPM in the field (Palin et al., 2019). - Words delivered as narration alongside visuals outperform on-screen text alongside the same visuals, d = 0.72 across 43 effects (Ginns, 2005). - Hearing the same words makes the speaker seem more competent, thoughtful and intelligent than reading them, including to professional recruiters (Schroeder & Epley, Psychological Science, 2015). - Humans reply within 0-200 ms in every language tested (Stivers et al., PNAS, 2009); production voice agents reached 500-900 ms in 2026. - Modelled lift (Monte Carlo over stated priors): about 1.2x for purchases, about 1.8x for lead capture (80% interval 1.25-2.45x), and a wide, low-confidence estimate for booked meetings. Voice is cheaper per conversion once its lift exceeds its per-interaction cost ratio. - Boundary conditions: 79-85% of consumers prefer a human to an AI agent and 78% have tried to bypass one; that is a preference for humans over AI, not for typing over talking, and it sets the design constraints: tap-to-talk, text one tap away, disclosed AI, human handoff, voice in and visual out, grounded answers, sub-second latency. ## Definition The Ask Gap is the divergence between voice and text conversion that appears only at the moment of commitment - not in whether a visitor engages or how long they stay, but in whether they say yes when asked. ## Pre-registered first-party study (§15) The randomised voice-first versus text-only follow-up study was registered on OSF Registries on 2026-09-16: [public registration](https://osf.io/kz49g). ## How to cite Fala Research (2026). The Ask Gap: Why Visitors Who Talk Convert More Than Visitors Who Type. Technical Report FR-2026-01, v1.0. Elav8. https://fala.elav8.ai/research/voice-vs-chat Related: [Fala Research](https://fala.elav8.ai/research), [Features](https://fala.elav8.ai/features), [Pricing](https://fala.elav8.ai/pricing). # The Ask Gap Lab An interactive companion to Fala Research Technical Report FR-2026-01 (The Ask Gap). Five stations, all computed live from the report's own model, so the Lab can never disagree with the paper. ## Stations - Race the Ask: type a 20-word question, then say it; both are timed in the browser and placed on the study's means (36 WPM typing on a phone, 153 WPM recognised speech). Nothing is recorded or sent. - The Funnel: drag the size of the ask from a click to a calendar slot and watch voice and text overlap through attention, then split at the ask (1.8x for an email, 7.4x for a meeting; Docket, 13 weeks). - Argue with our priors: move the model's four parameters and re-simulate 20,000 scenarios live; reset reproduces the paper's numbers exactly. - The Clock: a human reply (200 ms), a 2026 voice agent (700 ms) and a typed 20-word turn (33 s) race in real time. - Your site: the report's modelled lift applied to your own traffic. Related: [The Ask Gap report](https://fala.elav8.ai/research/voice-vs-chat), [Fala Research](https://fala.elav8.ai/research). # Install FALA with a coding agent Your FALA agent is one line of code. If a coding agent already works in your site's files, hand it the line and the prompt FALA writes for you, and it puts the line where it belongs. ## Four ways onto your site 1. **Copy the snippet** — paste it just before on every page: a footer, a header/footer tool, or a tag manager. 2. **Email it to yourself** — for when you are on a phone now and at a laptop later. 3. **Email your developer** — FALA sends the snippet and the steps, with your address as Reply-To. 4. **Paste it into a coding agent** — copy the prompt FALA writes for your site, paste it with the snippet into Claude, Codex or Cursor, and the agent installs it. ## The same five steps, whichever agent you use 1. **Open the ready card.** In FALA, your agent's card shows the snippet once you have agreed to the install terms. Under it: "Copy prompt for my coding agent". 2. **Copy the prompt.** It names your site, carries the snippet, says where the line goes, and tells the agent how to check its work. 3. **Open your site's project in the agent.** The folder or repository your website is built from. 4. **Paste the prompt and send it.** The agent finds the layout that renders every page and adds the one line before . Review the change like any other. 5. **Deploy, then open your public site once.** FALA notices the first load and your card flips to "Live on your site". ## Where the prompt goes - **Claude**: Claude Code in your project's terminal, or a Claude project with the repository connected. Claude asks before it edits a file; say yes to the one change. - **Codex**: Codex with your repository selected, or the Codex CLI in the project folder. Codex proposes the edit as a diff; approve it. - **Cursor**: Cursor's agent chat with your website project open. Cursor edits the layout file in place; accept the change and deploy as usual. ## How you know it worked Open your live site (not a local preview or the admin). The moment the line loads, your FALA card says "Live on your site". The agent key is locked to your site by default, so a local preview or another domain will not show the widget — that is the lock, not a fault. ## Transcript of the walkthrough film Your FALA agent is one line of code. Here it is, on your ready card, with four ways to put it on your site. Copy it, email it to yourself, email your developer — or, if a coding agent already works in your site's files, let it do the install. Tap Copy prompt. The prompt names your site, carries the snippet, and says exactly where the line goes. Paste it into Claude, Codex, Cursor — whichever you use. The agent finds the layout that renders every page and adds the one line before the closing body tag. Review the change, approve it, deploy. Open your live site once. FALA notices the first load and your card says Live. That's the install. Related: [Features](https://fala.elav8.ai/features), [Pricing](https://fala.elav8.ai/pricing), [FALA by Elav8 developer resources](https://fala.elav8.ai/developers). # About FALA FALA gives a business's website a voice. It is a voice-first AI receptionist: visitors talk to it the way they would talk to a person at the front desk, and it answers out loud from the business's own website, walks them to the right page, fills out forms with them, takes their details with consent, and hands off to a human when it should. FALA is built by Elav8, a small software company making AI products that turn what people say into what gets done. The Elav8 family is Elav8 Voice (voice-powered productivity), Convolens (streaming intelligence for conversations) and FALA. Accounts, plans and billing for every Elav8 product run on [Paga](https://pagaelav8.com), Elav8's account platform — that is the Sign in with Elav8 button. ## Who it is for Small and mid-sized businesses whose website is where customers first ask questions: services, clinics, agencies, stores, software companies. Setup is a conversation — FALA reads the site, the Architect interviews the owner by voice, and one line of code puts the agent on the site. It works on WordPress, Shopify, Wix, Squarespace, Webflow and any site that can take a script tag, and AI agents can set it up over MCP. ## What we believe Answers should come from the business, not from a model's imagination: FALA's agent is grounded in the pages and notes the owner approved, and it says so when it does not know. Visitors should know they are talking to AI. Owners should be able to see every conversation and delete their data. ## Research Fala Research publishes evidence on how people talk to websites, starting with [The Ask Gap (FR-2026-01)](https://fala.elav8.ai/research/voice-vs-chat), a review of 41 sources on voice versus text, and a pre-registered first-party study. ## More - [Contact FALA](https://fala.elav8.ai/contact) - [Trust & Security](https://fala.elav8.ai/security) - [Pricing](https://fala.elav8.ai/pricing) - [Developer resources](https://fala.elav8.ai/developers) - [Elav8](https://elav8.ai/) # Contact FALA FALA is made by Elav8. Pick the address that matches what you need and we will route it from there. ## Help with your account or your agent Email [support@elav8.ai](mailto:support@elav8.ai) for setup, installing the widget on your site, your knowledge base, billing questions or anything that is not working. Include your website address and, if you can, the email you sign in with. ## Enterprise and partnerships Email [admin@elav8.ai](mailto:admin@elav8.ai) about Enterprise plans (negotiated volume, white-label delivery, full-page takeover), agencies building FALA agents for many clients, and integrations. ## Security and privacy Report a vulnerability to [beau@elav8.ai](mailto:beau@elav8.ai) (also published in [security.txt](https://fala.elav8.ai/.well-known/security.txt)). Privacy requests — access, correction, deletion — go to [support@elav8.ai](mailto:support@elav8.ai); see the [Privacy Policy](https://fala.elav8.ai/privacy) for what we hold and why. ## Research Questions about Fala Research reports: [research@elav8.ai](mailto:research@elav8.ai). ## Developers and AI agents API, MCP and install documentation: [developer resources](https://fala.elav8.ai/developers). Account and billing platform: [Paga](https://pagaelav8.com). ## Mailing address Elav8 AI LLC, 1343 Main St, Suite 205, Sarasota, FL 34236 # FALA Terms of Service Last updated: October 16, 2026 The agreement between ELAV8 AI LLC and every business that uses FALA. Please read it carefully: Section 23 requires disputes to be resolved by binding individual arbitration and waives class actions and jury trials unless you opt out within 30 days, and Sections 18 to 20 limit our liability and require you to indemnify us. ## 1. Agreement to These Terms These Terms of Service (the “Terms”) are a binding agreement between ELAV8 AI LLC, a Florida limited liability company (“Elav8,” “we,” “us,” or “our”), and the person or entity that accesses or uses FALA (“Customer,” “you,” or “your”). FALA (also called “FALA by Elav8”) includes the website at fala.elav8.ai and any domain that redirects to it, the FALA dashboard and the Architect, the embeddable website widget, our APIs, our MCP server, our Shopify app, and every related feature, update, and support service (together, the “Services”). You accept these Terms by creating an account, by clicking or tapping a button next to a statement that refers to these Terms, by signing in with your ELAV8 Account, by installing or embedding a FALA widget, or by otherwise accessing or using the Services. If you do not agree, do not use the Services. These Terms incorporate, and you also agree to, our Privacy Policy, Acceptable Use Policy, AI Services Terms, Data Processing Addendum, Voice, SMS, and Telephony Compliance Notice, Cookie Policy, Visitor Privacy Notice, and any order form, plan description, or checkout page that applies to you (together with these Terms, the “Agreement”). If documents conflict, a signed order form controls, then these Terms, then the Data Processing Addendum (for personal data matters only), then the other policies. IMPORTANT NOTICE: SECTION 23 (DISPUTE RESOLUTION) CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. SECTIONS 18 THROUGH 20 DISCLAIM WARRANTIES, LIMIT OUR LIABILITY, AND REQUIRE YOU TO INDEMNIFY US. PLEASE READ THEM CAREFULLY. ## 2. Definitions “Customer Data” means all data and content that you or your Users submit to the Services, or that the Services collect on your behalf, including Customer Content and Visitor Data. “Customer Content” means the websites and pages you direct FALA to read, brand assets, knowledge base materials, files, prompts, instructions, briefings, and configurations. “Visitor” means any person who interacts with a FALA widget, phone number, text message, or other end-user-facing feature that you deploy. “Visitor Data” means the messages, voice transcripts, contact details, form entries, page context, and interaction data generated by Visitors. “Output” means any text, speech, transcript, summary, suggestion, card, form entry, navigation action, or other content generated by the Services, including by AI models. “User” means any individual you authorize to access your workspace, including owners, admins, members, and viewers, and any AI assistant or agent you connect with an API key or OAuth grant. “Third-Party Services” means products, platforms, and services not provided by Elav8, including AI model providers, CRMs, helpdesks, calendars, messaging tools, knowledge sources, website builders, app stores, telephony carriers, and payment processors. ## 3. Eligibility and Business Use The Services are offered only to businesses and to individuals acting for a business, trade, or profession. You represent that you are at least 18 years old, that you are not using the Services as a consumer for personal, family, or household purposes, and that you are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. If you accept these Terms for a company or other organization, you represent and warrant that you have authority to bind it, and “you” means that organization. If you do not have that authority, you personally accept these Terms. The Services are not directed to children. You must not deploy them in a way that targets children under 16 or knowingly collects personal information from them. ## 4. Accounts, Workspaces, and Security You sign in with an ELAV8 Account, which is provided by Elav8 and its account platform. You must provide accurate information and keep it current. You are responsible for all activity in your workspace, including the acts and omissions of your Users and of any AI assistant, agent, integration, or API key you authorize, whether or not you approved the specific action. You must keep credentials, API keys, OAuth grants, and embed keys secure, use the security features we provide (such as two-factor authentication and domain locking) where appropriate, and notify us promptly at support@elav8.ai if you suspect unauthorized access. We are not liable for any loss caused by unauthorized use of your credentials or keys. Workspace owners and admins control who has access, which roles they hold, and which assistants are connected. Removing a User or revoking a key or grant is your responsibility. ## 5. The Services, Free Plans, and Beta Features Subject to this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription to access and use the Services for your internal business purposes and to embed the FALA widget on websites you own or control. We may add, change, suspend, or remove features, AI models, voice engines, providers, integrations, limits, and plan contents at any time. We will try to give reasonable notice of changes that materially reduce the core functionality of a paid plan you have already purchased. Free plans, trials, previews, research features, and anything labeled beta, preview, early access, or similar are provided as-is, may be limited or discontinued at any time without notice, carry no service level, and may have reduced security, support, or reliability. We may limit usage, require a FALA badge, or change allowances on free plans at any time. We do not promise any particular uptime, response time, conversion rate, number of leads, meetings, or sales, or any business result. Statistics, research findings, and examples on our websites describe third-party studies or illustrative scenarios and are not a guarantee of your results. ## 6. Your Responsibilities You are solely responsible for your Customer Data; for the websites, pages, and content you direct FALA to read; for your agent’s configuration, briefing, persona, instructions, and knowledge; for deciding where and how the widget and any communications features are deployed; and for all decisions you make and actions you take based on Output. You may only direct FALA to read, crawl, upload, or process content that you own or have every right necessary to use for that purpose, and only embed the widget on websites that you own or are authorized to control. You are responsible for ensuring that your use of the Services, and the Services as configured and deployed by you, comply with all laws, regulations, industry rules, and third-party terms that apply to you and your Visitors, including privacy, data protection, consumer protection, advertising, accessibility, anti-discrimination, telemarketing, calling, texting, recording, wiretapping, eavesdropping, biometric, healthcare, financial, and AI disclosure laws. You must maintain and publish your own privacy notice that accurately describes your collection and use of Visitor Data, including your use of FALA and of AI, and you must handle the Visitor privacy requests for which you are the controller or business. ## 7. Visitor Notice and Consent Several U.S. states, including Florida and California, and many other jurisdictions require the prior consent of every party before a communication is recorded, intercepted, transcribed, or shared, and some require disclosure that a person is interacting with AI or an artificial voice. Because you decide where, to whom, and how the Services are deployed, YOU ARE SOLELY RESPONSIBLE FOR GIVING EVERY NOTICE AND FOR OBTAINING, RECORDING, AND HONORING EVERY CONSENT THAT APPLIES TO YOUR VISITORS AND YOUR USE OF THE SERVICES. This includes, where required: (a) disclosing, before or at the start of each conversation, that the Visitor is interacting with an AI system and that the conversation is processed, transcribed, and stored by you and your service providers; (b) obtaining the Visitor’s prior consent to that recording, transcription, and processing; (c) obtaining prior express consent, or prior express written consent, before any call, text, artificial or AI-generated voice message, or marketing communication; (d) providing opt-out mechanisms and honoring revocations; and (e) keeping records sufficient to prove each consent. FALA may provide default notices, disclosure text, consent prompts, or settings. They are conveniences only. They are not legal advice, they may not satisfy the laws that apply to you, and you are responsible for reviewing, configuring, and supplementing them. We do not act as your agent for obtaining consent unless we expressly agree in a signed writing. When you deploy the Services, you instruct Elav8 to process Visitor communications on your behalf, as your service provider and as an extension of your own business, solely to provide the Services to you. ## 8. Acceptable Use You must comply with our Acceptable Use Policy, which is part of this Agreement. Without limiting it, you must not use the Services to: violate any law or third-party right; deceive, defraud, harass, threaten, or impersonate any person; send spam or unsolicited communications; make calls or send texts without required consent; collect passwords, payment card numbers, government identifiers, health information, or other sensitive data through the widget unless we have expressly agreed in writing; make decisions that produce legal or similarly significant effects on individuals (such as decisions about credit, employment, housing, insurance, education, healthcare, or legal rights) without qualified human review; or develop, train, or improve a competing product or AI model. You must not, and must not allow anyone to: copy, modify, or create derivative works of the Services; reverse engineer, decompile, or attempt to discover source code, model weights, system prompts, or non-public APIs, except to the extent the law expressly permits despite this restriction; scrape, crawl, or benchmark the Services for publication without our written consent; bypass or interfere with quotas, rate limits, domain locks, authentication, tenant isolation, security measures, or provider safety controls; resell, sublicense, or provide the Services to third parties as a service bureau, except as an agency managing workspaces for its own clients under this Agreement; or remove or obscure the FALA badge on plans that include it. ## 9. AI Services and Output The Services use artificial intelligence, including large language models and real-time speech models operated by third-party providers, to understand Visitor messages and speech and to generate Output. AI is probabilistic. OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, OFFENSIVE, BIASED, OR INAPPROPRIATE; MAY NOT REFLECT YOUR KNOWLEDGE BASE OR INSTRUCTIONS; MAY STATE PRICES, POLICIES, AVAILABILITY, OR COMMITMENTS INCORRECTLY; AND MAY NOT BE UNIQUE. Your agent speaks on your behalf, to your Visitors, using your name and brand. As between you and Elav8, every statement, offer, quote, promise, booking, form entry, navigation, and other action your agent makes or takes is yours, and you are responsible for it as if you had made it yourself. You are responsible for configuring, testing, monitoring, and correcting your agent, for reviewing conversation transcripts, and for keeping your knowledge base accurate. Output is not professional advice. You must not configure or permit your agent to give legal, medical, mental-health, financial, tax, insurance, safety, or emergency advice, and the Services must never be used to handle emergencies. You must ensure qualified human review before relying on Output for any decision with legal, financial, safety, or similarly significant consequences. Subject to this Agreement, as between you and Elav8, you own the Output generated for you to the extent the law allows ownership of it, and you may use it for your business. Similar Output may be generated for others, and we do not warrant that Output is protected by intellectual property rights or that it does not infringe the rights of others. Our AI Services Terms contain additional terms that apply to AI features and are part of this Agreement. ## 10. Calls, Texts, Voice, and Human Handoff If you enable phone calls, text messages, outbound follow-up, voicemail, call forwarding, lead routing, or human handoff, you are the sender and initiator of those communications for all purposes under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and mini-TCPA laws (including the Florida Telephone Solicitation Act), CAN-SPAM, CTIA guidelines, and carrier rules. Elav8 and its telephony providers act only as technology providers transmitting communications at your direction. You are solely responsible for obtaining and documenting required consent (including prior express written consent for marketing and for any AI-generated or artificial voice call), honoring opt-outs and revocations within the time the law requires, observing calling-hour and quiet-hour rules, scrubbing against do-not-call lists, registering senders and campaigns (such as A2P 10DLC), identifying your business, and providing any disclosure required for AI or artificial voices and for recording. Our Voice, SMS, and Telephony Compliance Notice is part of this Agreement. We may suspend communications features immediately if we believe they are being used without required consent or in violation of law or carrier rules. ## 11. Customer Data and How Elav8 Uses It As between you and Elav8, you retain all rights in your Customer Data. You grant Elav8 and its subprocessors a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, and adapt Customer Data only as necessary to provide, secure, support, and maintain the Services for you, to prevent abuse, to enforce this Agreement, and to comply with law. Elav8 processes Visitor Data solely on your behalf and at your direction. Elav8 does not sell Customer Data, does not use Customer Content or Visitor Data to train or fine-tune artificial intelligence models, and does not permit its AI model providers to use them to train their models. Elav8 retains Customer Data only as needed for the purposes above and as described in the Privacy Policy and the Data Processing Addendum. Elav8 may collect and use metadata about the operation of the Services (such as usage counts, minutes, message counts, latency, errors, costs, feature use, and security events) and may create aggregated or de-identified information that does not identify you, any User, or any Visitor, to operate, bill for, secure, and improve the Services. This metadata does not include the content of Visitor conversations. You represent and warrant that you have all rights, licenses, notices, and consents necessary for Elav8 to process Customer Data as this Agreement contemplates, and that doing so will not violate any law or the rights of any person. You are responsible for keeping your own copies of Customer Content and for exporting any Customer Data you wish to keep. Retention settings you choose, and deletions you or your Users perform, are permanent. ## 12. Privacy and Data Processing Our Privacy Policy explains how we handle personal information for which we are a controller or business (such as account, billing, website, and marketing data). Our Data Processing Addendum governs personal data we process on your behalf as a processor or service provider and is incorporated into this Agreement automatically, without signature. You must not submit, and must configure the Services not to collect, information regulated as protected health information under HIPAA, cardholder data under PCI DSS, or other special-category or sensitive data unless we have first signed a written agreement covering it. We do not sign business associate agreements unless we expressly agree in writing. ## 13. Third-Party Services and Integrations The Services interoperate with Third-Party Services. When you enable an integration, you authorize us to exchange Customer Data with that Third-Party Service as needed for the integration, and the Third-Party Service’s own terms and privacy policy govern its handling of that data. Third-Party Services are not under our control. We are not responsible for their availability, accuracy, security, changes, data handling, fees, or acts and omissions. We may change, suspend, or stop supporting any integration or provider at any time, including if a provider changes its terms, pricing, or availability. If you use the Services through the Shopify App Store, your use is also subject to Shopify’s terms, Shopify bills you for subscription and usage charges through its Billing API, and Shopify is not a party to this Agreement and has no obligations under it. ## 14. Fees, Usage, Automatic Renewal, and Taxes Paid plans are billed in advance on a recurring monthly (or other stated) basis and RENEW AUTOMATICALLY at the end of each billing period at the then-current price until you cancel. By purchasing a paid plan, you authorize us and our payment processors to charge your payment method for all recurring fees, usage and overage charges, add-ons, and taxes when due, without further approval. Each plan includes a monthly allowance of messages, voice minutes, and other usage, as described on our pricing page or at checkout. Paid plans keep working past the allowance and incur overage charges at your plan’s published rates; to do so, we may automatically charge your payment method for prepaid usage blocks as you consume them. Usage is measured by our systems, and our measurements are final absent manifest error. Free plans stop or limit service when allowances are reached. You can cancel at any time in the billing portal. Cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law or expressly stated in writing, ALL FEES ARE NON-REFUNDABLE, including for partial periods, unused allowances, downgrades, and accounts suspended or terminated for breach. We may change prices, allowances, and overage rates. A change to your recurring price takes effect at your next renewal after at least 30 days’ notice by email or in the Services, and continuing your subscription after it takes effect is acceptance of it. Fees exclude taxes. You are responsible for all sales, use, value-added, goods and services, digital services, withholding, and similar taxes and duties, other than taxes on our net income. If a payment fails, we may retry the charge, suspend paid features, downgrade your plan, or stop serving your widget until the balance is paid. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate the law permits, and you will reimburse our reasonable costs of collection. You agree to contact us at support@elav8.ai before disputing a charge with your bank or card issuer. If you initiate a chargeback for a valid charge, we may suspend or terminate your account and recover the amount and any associated fees. Payments are processed by our account and billing platform (ELAV8 Account) and its payment processors or, for App Store installations, by Shopify. Their terms may also apply. ## 15. Intellectual Property and Feedback Elav8 and its licensors own all right, title, and interest in and to the Services, the FALA and Elav8 names and marks, the widget, software, models, prompts, designs, documentation, research reports, and all improvements and derivative works, including anything built from aggregated or de-identified data. Except for the limited rights expressly granted to you, no rights are granted by implication or otherwise. You grant us a non-exclusive, worldwide, royalty-free license to use your name, logo, and brand assets to provide the Services (for example, to style your widget) and, unless you opt out by emailing support@elav8.ai, to identify you as a customer in our marketing materials. If you or your Users give us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you. ## 16. Confidentiality Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use the disclosing party’s Confidential Information only to perform under this Agreement, protect it with at least reasonable care, and disclose it only to its personnel, affiliates, and service providers who need to know it and are bound by confidentiality obligations. Customer Data is your Confidential Information. Non-public features, pricing, and security information about the Services are our Confidential Information. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known to it without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when legally compelled, after giving reasonable notice where lawful. ## 17. Suspension and Termination We may suspend or limit your access to any part of the Services, immediately and without liability, if we reasonably believe that you or your Users have breached this Agreement; that your use creates a security, legal, regulatory, reputational, or operational risk to us, our providers, other customers, or any person; that a payment is overdue; or that suspension is required by law, a court, a carrier, an app store, or a provider. You may terminate this Agreement at any time by canceling your subscription and closing your account. We may terminate this Agreement or any subscription for convenience on 30 days’ notice, and immediately on notice if you materially breach it, if you become insolvent, or if we stop offering the Services. On termination, your rights to use the Services end, your widgets stop serving Visitors, and we may delete Customer Data as described in the Privacy Policy and the Data Processing Addendum. You must export anything you wish to keep before then. Termination does not relieve you of payment obligations that accrued before it. Provisions that by their nature should survive will survive, including those on fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and the general terms. ## 18. Disclaimers THE SERVICES, OUTPUT, AND ALL RELATED CONTENT, SOFTWARE, DOCUMENTATION, RESEARCH, AND SUPPORT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ELAV8, ITS AFFILIATES, AND ITS AND THEIR LICENSORS, PROVIDERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, LAWFUL FOR YOUR PURPOSE, OR ERROR-FREE; THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; THAT ANY DEFECT WILL BE CORRECTED; THAT ANY CONTENT WILL BE PRESERVED; THAT ANY DEFAULT NOTICE, DISCLOSURE, CONSENT PROMPT, OR SETTING WE PROVIDE WILL SATISFY ANY LAW; OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR BUSINESS RESULT. YOU ACKNOWLEDGE THAT THE INTERNET, AI MODELS, TELEPHONY NETWORKS, AND THIRD-PARTY SERVICES ARE INHERENTLY UNRELIABLE, THAT WE DO NOT CONTROL THEM, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT THE LAW REQUIRES. ## 19. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELAV8, ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, PROVIDERS, OR SUPPLIERS (THE “ELAV8 PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR ANY LOSS OF PROFITS, REVENUE, SALES, LEADS, CUSTOMERS, GOODWILL, OR BUSINESS OPPORTUNITY; FOR LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION; OR FOR STATUTORY OR LIQUIDATED DAMAGES OR PENALTIES (INCLUDING UNDER ANY WIRETAPPING, EAVESDROPPING, RECORDING, PRIVACY, BIOMETRIC, TELEPHONE, OR MESSAGING LAW), ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICES, OR OUTPUT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF THE ELAV8 PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICES, OR OUTPUT WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO ELAV8 FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY TO ALL CLAIMS IN THE AGGREGATE AND ARE NOT ENLARGED BY THE EXISTENCE OF MORE THAN ONE CLAIM. THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND OUR FEES REFLECT THEM. THEY DO NOT LIMIT YOUR PAYMENT OR INDEMNIFICATION OBLIGATIONS. THEY APPLY ONLY TO THE EXTENT THE LAW PERMITS: ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW IS LIMITED TO THE MINIMUM EXTENT THE LAW ALLOWS. ## 20. Indemnification You will defend, indemnify, and hold harmless the Elav8 Parties from and against all claims, demands, suits, investigations, and proceedings brought by any third party or governmental authority, and all resulting losses, damages, judgments, settlements, fines, penalties, statutory damages, costs, and expenses (including reasonable attorneys’ and experts’ fees), arising out of or relating to: (a) Customer Data, Customer Content, or the websites and materials you direct FALA to read; (b) your agent’s configuration and any statement made or action taken by your agent toward any Visitor; (c) your or your Users’ use of the Services or Output; (d) any failure to give a notice or to obtain, record, or honor a consent required for any recording, interception, transcription, AI interaction, call, text, artificial or AI-generated voice, or marketing communication, including claims under the Florida Security of Communications Act, the California Invasion of Privacy Act, the Electronic Communications Privacy Act, the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, or any similar law; (e) your breach of this Agreement or violation of any law or third-party right; or (f) any dispute between you and a Visitor, User, customer of yours, or Third-Party Service. We will notify you of a claim for which we seek indemnification; a delay in notice relieves you of your obligations only to the extent it materially prejudices you. You will control the defense with counsel reasonably acceptable to us, but you may not settle any claim in a way that admits fault by, or imposes any obligation or restriction on, any Elav8 Party without our prior written consent. We may participate with counsel of our choice at our own expense, and we may take control of the defense at your expense if you fail to defend diligently. Your indemnification obligations are not subject to any limitation of liability in this Agreement. ## 21. Changes to These Terms We may update this Agreement from time to time. We will post the updated version with a new “Last updated” date and, for material changes, notify you by email or in the Services at least 15 days before they take effect, unless a change is required sooner by law or addresses a new feature, security, or abuse issue. Your continued use of the Services after a change takes effect is acceptance of it. If you do not agree to a change, you must stop using the Services and cancel your subscription before it takes effect. Changes to Section 23 will not apply to any dispute of which you notified us before the change was posted. ## 22. Governing Law and Venue This Agreement and any dispute arising out of or relating to it or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and, as to the arbitration agreement in Section 23, by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. Subject to Section 23, the state and federal courts located in the State of Florida have exclusive jurisdiction over any dispute that is not subject to arbitration. Both parties consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum. ## 23. Dispute Resolution: Binding Individual Arbitration and Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ELAV8 TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Informal resolution first. Before starting arbitration or any court proceeding, the party with a dispute must send a written notice describing the dispute, the relief sought, and the sender’s contact information: to Elav8 at support@elav8.ai with the subject line “Legal Notice of Dispute,” and to you at the email address on your account. The parties will try in good faith to resolve the dispute informally for 60 days, including, at either party’s request, through an individual telephone or video conference that the claimant personally attends. This process is a condition precedent to arbitration, and any limitations period is tolled while it runs. Agreement to arbitrate. Except as provided below, any dispute, claim, or controversy between you and Elav8 arising out of or relating to this Agreement, the Services, Output, or the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you agreed to these Terms (a “Dispute”), will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on another provider, or a court will appoint one. Delegation. The arbitrator, and not any court, has exclusive authority to resolve all disputes about the interpretation, applicability, scope, enforceability, unconscionability, or formation of this arbitration agreement, including whether a Dispute is arbitrable and whether either party has waived the right to arbitrate, except that a court will decide the enforceability of the class action waiver and the mass arbitration procedures below. Procedure. The arbitration will be conducted by a single arbitrator, in English, and, unless the parties agree otherwise, by video conference or on written submissions; any in-person hearing will take place in the State of Florida. The arbitrator may award relief only to the individual claimant, only to the extent necessary to provide the relief warranted by that individual claim, and must apply this Agreement, including its limitations of liability. The award will include a brief written explanation and may be entered in any court of competent jurisdiction. Fees of the arbitration will be allocated as the applicable AAA rules provide, and each party bears its own attorneys’ fees and costs except where the applicable rules or law provide otherwise. Exceptions. Either party may (a) bring an individual action in small claims court for a Dispute within that court’s jurisdiction, as long as it remains there on an individual basis; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or Confidential Information, or to stop unauthorized use or abuse of the Services. Elav8 may also bring an action in court to collect unpaid fees. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND ELAV8 EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING, AND YOU AND ELAV8 EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one party’s claims or preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to any claim or request for relief, that claim or request will be severed, stayed until all arbitrable claims are resolved, and then decided by a court; it will never be arbitrated on a class basis. Mass arbitration. If 25 or more substantially similar demands for arbitration are filed against Elav8 by or with the assistance of the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules will apply, the demands will be administered in batches of no more than 50 demands with one batch proceeding at a time, and filing fees for later batches will not be due until earlier batches are resolved. The limitations period for each claim is tolled while its batch awaits administration. This process is designed to resolve disputes efficiently and fairly and not to deny any claimant a forum. 30-day right to opt out. You may opt out of this arbitration agreement by emailing support@elav8.ai, with the subject line “Arbitration Opt-Out,” within 30 days after you first accept these Terms, stating your name, the email address of your account, and that you opt out of arbitration. Opting out does not affect any other part of this Agreement, including the jury trial waiver to the extent the law permits and the governing law and venue provisions. Time limit. To the extent permitted by law, any Dispute must be brought within one (1) year after the claim arises; otherwise it is permanently barred. Survival and severability. This Section survives termination of this Agreement. If any part of this Section other than the class action waiver is found unenforceable, the rest of it still applies. ## 24. Export Controls and Sanctions You will comply with all U.S. and other applicable export control and economic sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, that you are not on, or owned or controlled by anyone on, a U.S. government restricted-party list, and that you will not use the Services for any prohibited end use or make them available to anyone who is. ## 25. Notices and Electronic Communications You consent to receive agreements, notices, disclosures, invoices, and other communications from us electronically, by email to your account address or by posting in the Services, and you agree that they satisfy any legal requirement that they be in writing. Service and transactional emails are part of the Services; you can manage marketing emails with the unsubscribe link in each one. Notices to Elav8 must be sent to support@elav8.ai with a subject line describing the notice. Formal legal notices must also be sent by mail or courier to the address listed on our Contact page. ## 26. Force Majeure We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, power, internet, or telecommunications failures, cyberattacks, and the failure, outage, suspension, or policy change of any AI model provider, cloud provider, carrier, app store, or other Third-Party Service. ## 27. General Terms You may not assign or transfer this Agreement or any right under it, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign this Agreement without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. This Agreement binds and benefits the parties and their permitted successors and assigns. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, fiduciary, or agency relationship. There are no third-party beneficiaries of this Agreement; in particular, Visitors, your customers, and individual Users have no rights under it. This Agreement is the entire agreement between the parties about its subject matter and supersedes all prior and contemporaneous agreements, proposals, and representations, written or oral. Terms in any purchase order or other document you provide are rejected and void. No waiver is effective unless it is in writing, and a failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the rest of this Agreement will remain in effect. Words such as “including” mean “including without limitation,” and headings are for convenience only. If this Agreement is translated, the English version controls. If you are an agency, reseller, or developer managing workspaces for your clients, you are responsible for each client’s compliance with this Agreement and for having the authority to act for them. The Services are commercial computer software and documentation. If you are a U.S. government entity, your rights are limited to those in this Agreement, consistent with FAR 12.212 and DFARS 227.7202. ## 28. FALA Text Messages If you tick “Text me” on fala.elav8.ai, FALA by Elav8 sends you a confirmation text and then marketing texts about FALA, including offers and tips. Up to 4 messages per month. Message and data rates may apply. Consent is not a condition of purchase. Texts go to US mobile numbers only. Reply STOP to any message to cancel; you will get one final confirmation and no more texts. Reply HELP for help, or email support@elav8.ai. Reply START, or submit the form again, to re-subscribe. Wireless carriers are not liable for delayed or undelivered messages. ## 29. Contact Questions about these Terms: support@elav8.ai. ELAV8 AI LLC, a Florida limited liability company. Email support@elav8.ai. Our mailing address for formal legal notices is listed on our Contact page at fala.elav8.ai/contact. # FALA Privacy Policy Last updated: October 16, 2026 How ELAV8 AI LLC collects, uses, discloses, and protects personal information through FALA: the websites, the dashboard, the embeddable widget, our APIs and MCP server, and the Shopify app. It also explains your choices and rights. ## Who We Are and What This Policy Covers FALA (“FALA by Elav8”) is provided by ELAV8 AI LLC, a Florida limited liability company (“Elav8,” “we,” “us,” or “our”). This Privacy Policy describes how we handle personal information when you visit fala.elav8.ai (or a domain that redirects to it), create or use a FALA account, use the dashboard and the Architect, connect an AI assistant to FALA, install the Shopify app, or receive communications from us. It also explains, at a high level, how we process information about people who talk to a FALA-powered assistant on a business’s website (“Visitors”). Those businesses decide how FALA is used on their sites, and their own privacy notices govern that use. Our Visitor Privacy Notice gives Visitors a plain summary. This policy does not cover the websites, apps, or practices of our customers or of Third-Party Services, even when you reach them through FALA. ## Our Role: Controller and Service Provider For information about our own customers, prospects, and website visitors (such as account, billing, support, security, website analytics, and marketing data), Elav8 is the controller or “business.” For Visitor information that FALA processes for a customer, such as conversations, transcripts, contact details, and form entries, the customer is the controller or “business,” and Elav8 is its processor or “service provider.” We process that information only on the customer’s behalf, under our agreement with the customer and our Data Processing Addendum. If you are a Visitor and want to exercise privacy rights, please contact the business whose website you used; we will help it respond. ## Information We Collect Information you give us: your name, email address, phone number, company, role, and profile details; the websites, brand assets, knowledge base materials, instructions, and settings you add to your workspace; what you say to or type for the Architect; information you submit through forms on our website (including the reason you are interested and your contact preferences); support requests and correspondence; and survey or feedback responses. Account and billing information: your ELAV8 Account identifier, sign-in method, workspace and role, plan, subscription status, entitlements, and billing history. Payment card details are collected and stored by our payment processors, not by FALA. Information collected automatically: device, browser, and operating system type; IP address and approximate location derived from it; pages viewed, links clicked, referring URL, and campaign parameters; dates and times of access; time zone; and log, diagnostic, performance, and security data. In the dashboard we also collect the product-usage telemetry described below. Information from third parties: identity and account details from our account platform and from sign-in providers such as Google when you choose them; subscription and store information from Shopify when you install our app; information from integrations you connect; and, for advertising measurement on our own websites, information from advertising partners as described below. ## Visitor Information Processed for Our Customers When a Visitor talks to a FALA-powered assistant on a customer’s website, FALA processes the messages the Visitor types; what the Visitor says by voice, which is converted to text; the assistant’s replies; contact details and other information the Visitor chooses to share, such as a name, email address, phone number, or request; form fields the Visitor asks the assistant to fill; the address and content of the page the Visitor is on, so the assistant can guide them; and technical data such as a random visitor identifier stored in the Visitor’s browser, conversation identifiers, timestamps, and device and browser type. Voice conversations in the widget are streamed in real time between the Visitor’s browser and our AI voice provider. FALA stores the text transcript of the conversation; it does not store audio recordings of widget voice conversations. We do not create voiceprints or other biometric identifiers, and we do not use voice to identify or authenticate anyone. If a customer enables the feature, FALA may recognize a returning browser and remind the Visitor of contact details they shared before, in masked form (for example, “an email starting with b”), and asks whether they are still correct. Recognition is based on the browser identifier only. The assistant is designed never to read or fill password or payment fields, and never to tick consent boxes or submit a form for the Visitor; the Visitor confirms every submission. Customers choose how long their Visitor information is kept. ## How We Use Information We use personal information to: provide, operate, and maintain FALA, including running AI voice and chat agents, building knowledge bases, generating Output, routing leads, sending handoff tickets, and syncing the integrations customers enable; create and manage accounts and workspaces; process payments, measure usage, and bill for it; provide support and respond to requests; send service, security, and transactional messages; and send marketing communications where permitted, which you can opt out of at any time. We also use it to: secure the Services, detect and prevent fraud, abuse, spam, and violations of our terms, and enforce our agreements; debug, monitor, and improve the reliability and performance of the Services; understand how our websites and dashboard are used so we can improve onboarding and the interface; measure the effectiveness of our advertising on our own websites; comply with legal obligations and respond to lawful requests; and establish, exercise, or defend legal claims. We use Visitor information only to provide the Services to the customer that deployed the assistant, and as that customer instructs, together with the limited operational uses (such as security, abuse prevention, and metering) that our Data Processing Addendum allows. ## Artificial Intelligence and Your Data FALA uses AI models from third-party providers, currently Google (Gemini), xAI, and OpenAI, to understand and generate speech and text, create embeddings for knowledge search, and generate images and configuration suggestions. Content is sent to these providers only as needed to produce a response. We do not use customer content, Visitor conversations, or transcripts to train or fine-tune AI models, and we use our providers’ business API services, under which they do not use that content to train their models. Providers may keep prompts and responses for a limited period, typically up to 30 days, to detect abuse and comply with law, under their own terms. FALA does not use AI to make decisions that produce legal or similarly significant effects about you. Customers are responsible for how they configure their agents and must ensure human review of any consequential decision. ## Legal Bases for Processing (EEA, UK, and Switzerland) Where data protection laws such as the GDPR or UK GDPR apply, we rely on these legal bases: performance of a contract (to provide the Services you request); our legitimate interests (to secure, maintain, and improve the Services, prevent abuse, measure our marketing, and communicate with business customers), balanced against your rights; consent (for non-essential cookies, certain marketing, and text messages), which you may withdraw at any time; and compliance with legal obligations. ## How We Disclose Information Service providers and subprocessors that host, store, secure, and help us operate the Services, process payments, send email and text messages, provide AI models, and support customer integrations, under contracts that limit their use of the information. Affiliates of Elav8 that provide parts of the Services, such as our account and billing platform (ELAV8 Account) and our telephony service (Aether), under the same protections. Third-Party Services a customer connects (such as a CRM, helpdesk, calendar, messaging tool, or knowledge source), when the customer directs us to send or receive information through them. A customer’s workspace administrators can see the conversations, leads, and settings in that workspace. Advertising and analytics partners, only on our own websites and as described in “Analytics And Advertising.” We never share conversation content or knowledge base content with them. Professional advisers, auditors, and insurers; law enforcement, regulators, courts, and other parties when we believe disclosure is required by law or necessary to protect the rights, property, or safety of Elav8, our customers, Visitors, or others; a buyer or successor in connection with a merger, acquisition, financing, reorganization, or sale of assets; and others with your consent or at your direction. ## Vendors And Subprocessors To deliver the service we rely on a limited set of categories of vendors: identity, entitlement, and payment providers; cloud hosting and managed infrastructure; object storage; AI model providers for voice, chat, embeddings, and image generation; transactional email; observability and security tooling; and customer-enabled CRMs, communications, and calendar tools. We require vendors to process data only for authorized service purposes. A current, itemized Subprocessor List is available to signed-in customers on request. ## Analytics And Advertising On FALA’s own websites — fala.elav8.ai and the ELAV8 Account sign-in pages at id.elav8.ai — we use Google Tag Manager to load Google Analytics 4, Google Ads, the Meta (Facebook) Pixel, the TikTok Pixel, and the Reddit Pixel. These measure site traffic and how well our advertising works, including signup and product-demo conversion events. To credit a conversion to the ad that led to it, we may also send Google and Meta a record of the conversion from our servers: for example, that an account was created or a paid plan started, its plan value, the ad click identifier captured when you arrived, and a one-way SHA-256 hash of the account email address. We never send your raw email address, name, phone number, conversation content, or knowledge-base content to an advertising platform, and we send none of this about anyone who has opted out as described in “Your Privacy Choices”. These technologies run only on FALA’s own websites — never inside the embeddable widget on customer websites. You can also limit ad personalization through your Google, Meta, TikTok, and Reddit account settings and standard browser controls. ## Your Privacy Choices Some US state privacy laws treat the advertising measurement described above as “selling” or “sharing” personal information, or as targeted advertising. FALA does not sell personal information for money, but you have the right to opt out of that selling, sharing, and targeted advertising, and we will not treat you differently for doing so. We process Global Privacy Control (GPC) signals in a frictionless manner. If your browser or a browser extension sends GPC, we treat that browser as opted out automatically: the advertising pixels are blocked and Google’s advertising storage is denied before they load, and if you sign in, your FALA workspace is opted out of server-side conversion records too. To use GPC, turn it on in a browser that supports it (such as Firefox, Brave, or DuckDuckGo) or add an extension listed at globalprivacycontrol.org. You can also opt out at any time with the “Your privacy choices” link at the bottom of every FALA page, or by emailing support@elav8.ai with the subject “Do not sell or share”. A choice made with the link applies to that browser, and to your FALA workspace when you are signed in. ## Product-Usage Telemetry Inside the authenticated FALA dashboard, we collect first-party product-usage telemetry to understand activation, diagnose where builders get stuck, and improve onboarding and the interface. This includes the tabs and onboarding steps you reach, whether you start and connect a voice session, install-guide views and embed-snippet copies, session and active-time signals, and error and click-interaction events (including rage/dead-click detection). This telemetry is first-party and operational: it stays within FALA, is never sold or shared with advertising networks, and never captures the content of your messages, keystrokes, form values, or knowledge-base text. Interaction coordinates are viewport-normalized and input fields are masked before anything leaves your browser. It is used solely to run and improve the service and is not collected inside the embeddable widget on customer websites. ## Text Messages And Mobile Information When you tick “Text me” on FALA’s website, we collect your mobile number and a record of your consent: the exact wording shown to you, the date and time, and the IP address and browser of the device that submitted the form. We keep that record, and any later opt-out, as evidence of your consent. We use your mobile number only to send the FALA texts you agreed to and to honor your opt-out. Reply STOP to any message to opt out; we honor opt-outs promptly and always within ten business days. We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories of use exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. ## AI Assistants And Connected Apps You can connect an AI assistant (for example ChatGPT, Claude or Cursor) to your FALA workspace through FALA's MCP server. You sign in with your FALA account and choose what it may do: read only, build, or publish. You can disconnect it at any time from your FALA workspace. While connected, FALA receives the requests the assistant sends on your behalf (such as a website address or knowledge you ask it to add) and returns your workspace's brands, knowledge, widgets and install status. We record which tool was used and when, never the content of the request. The assistant's own handling of your conversation is governed by that assistant provider's privacy policy. ## Emails We Send We send transactional and service emails (for example, sign-in, security, billing, install, lead alerts, and usage notices), which are part of the Services. We may also send product updates and lifecycle emails to account holders, and follow-up emails to people who ask us to contact them, timed to arrive during business hours in the recipient’s time zone. Every marketing email includes an unsubscribe link, and you can also email support@elav8.ai to stop them. ## Fala Research Fala Research publishes studies about voice and text on websites. A customer may choose to include a widget in a study. When it does, FALA assigns each Visitor’s browser to a study arm inside the widget and counts, per day and per arm, how many browsers saw the widget, without storing any identity for those counts. Published findings use only aggregated, de-identified results and never identify a customer, User, or Visitor. ## How Long We Keep Data Workspace content (brands, knowledge bases, widgets and settings) is kept while your account is active and is deleted when you delete it or delete your account. Leads and conversation transcripts are kept until you delete them, or until the retention period you set in FALA passes, after which they are deleted automatically. Raw dashboard product-usage events are deleted after 180 days. Sign-in access for a connected AI assistant expires after one hour and its refresh token after 30 days unless you disconnect it sooner. When you delete your account we delete its workspace data. We keep a record that the deletion happened, and consent records (including text-message opt-ins and opt-outs), which we keep as evidence of consent. Our billing provider, Paga/Elav8, keeps billing and tax records for as long as the law requires. ## Security We use administrative, technical, and physical safeguards designed to protect personal information, including encryption in transit, storage with providers that encrypt data at rest, server-side workspace isolation, role-based access, sign-in through the ELAV8 Account with optional two-factor authentication, hashed API keys and access tokens, encrypted integration credentials, domain-locked widget keys, rate limiting, and an append-only audit trail of sign-ins, changes, exports, and administrative access. No method of transmission or storage is completely secure, and we cannot guarantee the security of any information. If we learn of a security incident affecting your personal information, we will notify you and the relevant authorities as the law requires. ## International Transfers Elav8 is based in the United States, and FALA is hosted in the United States. Our providers may process information in other countries where they maintain facilities. Where the law requires a transfer mechanism for information leaving the European Economic Area, the United Kingdom, or Switzerland, we rely on the European Commission’s Standard Contractual Clauses and their UK and Swiss equivalents, or on another lawful mechanism. ## Children’s Privacy FALA is a business service. It is not directed to children, and we do not knowingly collect personal information from children under 16. If you believe a child has provided us personal information, contact support@elav8.ai and we will delete it. ## Rights And Requests Customers may request access, correction, export, or deletion of account data, subject to legal, billing, security, and abuse-prevention retention needs. Most workspace content can be exported or deleted directly in FALA. Depending on where you live, including if you live in California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, or in the European Economic Area, the United Kingdom, or Switzerland, you may have the right to know what personal information we hold about you and how we use it; to receive a copy in a portable format; to have it corrected or deleted; to opt out of its sale, sharing, or use for targeted advertising (see “Your Privacy Choices”); to opt out of profiling in furtherance of significant decisions (we do not engage in such profiling); to restrict or object to certain processing; to withdraw consent; and to appeal a decision we make about your request. To make a request, email support@elav8.ai with the subject “Privacy Request.” We will verify your identity by matching the information you provide with information we hold, and we may ask for more information to do so. You may use an authorized agent; we may require proof of the agent’s authority and ask you to verify your identity directly. We respond within the time the applicable law requires. If we deny your request, you may appeal by replying to our decision with the subject “Privacy Appeal,” and if your appeal is denied you may contact your state attorney general. We will not discriminate against you for exercising your privacy rights. Visitors should contact the business whose website uses the widget first; FALA will assist customers with verified privacy requests. ## California Notice at Collection and Disclosures In the past 12 months we have collected these categories of personal information, from the sources and for the purposes described above: identifiers (such as name, email, phone number, IP address, and account and device identifiers); customer records (such as billing and contact details); commercial information (such as plans purchased and usage); internet or other electronic network activity (such as website, dashboard, and widget interactions); approximate geolocation derived from IP address; audio and electronic information (Visitor and Architect speech processed in real time and stored as text transcripts); and professional or employment-related information (such as company and role). We disclose each of these categories for business purposes to the service providers and recipients described in “How We Disclose Information.” We have not sold personal information for money. We have “shared” identifiers and internet activity collected on our own websites with advertising partners for cross-context behavioral advertising, as described in “Analytics And Advertising,” and you may opt out of that at any time. We do not knowingly sell or share the personal information of consumers under 16. We do not collect or use sensitive personal information to infer characteristics about you. We keep each category of personal information for as long as described in “How Long We Keep Data,” and otherwise only as long as reasonably necessary for the purposes for which it was collected, to comply with law, and to resolve disputes. California residents may also request information about our disclosure of personal information to third parties for their own direct marketing purposes; we do not make such disclosures. ## Do Not Track and Global Privacy Control There is no common industry standard for browser “Do Not Track” signals, so we do not respond to them. We do honor Global Privacy Control signals as an opt-out of selling, sharing, and targeted advertising, as described in “Your Privacy Choices.” ## Your Rights in the EEA, UK, and Switzerland If data protection law in the European Economic Area, the United Kingdom, or Switzerland applies to you, you may exercise the rights described above, and you also have the right to lodge a complaint with your local data protection supervisory authority. We would appreciate the chance to address your concern first at support@elav8.ai. ## Changes to This Policy We may update this Privacy Policy from time to time. We will post the updated version with a new “Last updated” date and, if the changes are material, notify account holders by email or in the Services before they take effect. ## Contact Us Privacy questions and requests: support@elav8.ai (subject “Privacy Request”). ELAV8 AI LLC, a Florida limited liability company. Email support@elav8.ai. Our mailing address for formal legal notices is listed on our Contact page at fala.elav8.ai/contact. # FALA Visitor Privacy Notice Last updated: October 16, 2026 For people who talk to an AI assistant powered by FALA on a business’s website: what happens to your messages and voice, who is responsible, and your choices. ## About This Notice Many businesses use FALA, a service provided by ELAV8 AI LLC (“Elav8”), to run an AI assistant on their websites. This notice explains what happens when you talk to one of those assistants. The business that runs the website is responsible for its assistant, and its own privacy notice also applies to your conversation. ## You Are Talking to an AI System The assistant is an artificial intelligence system, not a person. It can make mistakes, so please check anything important with the business directly. It cannot give legal, medical, financial, or emergency advice. In an emergency, contact emergency services. ## Your Conversation Is Processed, Transcribed, and Stored When you type to the assistant or speak to it, your messages and what you say are sent to FALA and to the AI providers it uses so the assistant can understand and answer you. Speech is converted to text. FALA keeps a text transcript of the conversation for the business; it does not keep audio recordings of widget voice conversations, and it does not create voiceprints. BY STARTING A CONVERSATION WITH THE ASSISTANT, BY TYPING A MESSAGE TO IT, OR BY TAPPING TO TALK TO IT, YOU CONSENT TO THE BUSINESS, FALA, AND THEIR SERVICE PROVIDERS PROCESSING, TRANSCRIBING, AND STORING YOUR CONVERSATION AS DESCRIBED IN THIS NOTICE. If you do not consent, please do not use the assistant and contact the business another way. ## What Information Is Collected Your messages and transcribed speech; the assistant’s replies; anything you choose to share, such as your name, email address, phone number, or request; form fields you ask the assistant to fill; the address and content of the page you are viewing, so the assistant can guide you; and technical information such as a random identifier stored in your browser, conversation identifiers, timestamps, and your device and browser type. Please do not share passwords, payment card numbers, government identification numbers, or health information with the assistant. ## Forms and Page Guidance If you ask, the assistant can take you to a page, highlight a button, or fill in a form while you talk. It never reads or fills password or payment fields, never ticks consent boxes for you, and never submits anything for you: you review and submit the form yourself. ## How Your Information Is Used To answer your questions, help you with what you asked for, pass your request or contact details to the business, book appointments or open support tickets if you ask, keep the assistant secure, and prevent abuse. The business may also use your information as described in its own privacy notice. Elav8 does not sell your information and does not use your conversation to train AI models. ## Who Receives Your Information The business that runs the website; Elav8, which provides FALA to the business; the AI model providers FALA uses (currently Google, xAI, and OpenAI), which process your conversation to generate responses and may keep it for a limited period to detect abuse; hosting and security providers; and tools the business has connected, such as its CRM, helpdesk, calendar, or messaging service. ## How Long It Is Kept The business decides how long your conversation and contact details are kept. They are deleted when the business deletes them, when the retention period it sets passes, or when the business closes its FALA account. ## Your Choices and Rights You can stop talking to the assistant at any time. Depending on where you live, you may have rights to access, correct, delete, or obtain a copy of your information, or to opt out of certain uses. Please contact the business whose website you used; it controls your information and can act on your request. If you cannot reach the business, email support@elav8.ai and we will forward your request to it. ## Children The assistant is not intended for children under 16. If you are under 16, please do not use it. ## Contact Questions about FALA: support@elav8.ai. ELAV8 AI LLC, a Florida limited liability company. Email support@elav8.ai. Our mailing address for formal legal notices is listed on our Contact page at fala.elav8.ai/contact. # FALA Cookie Policy Last updated: October 16, 2026 How FALA uses cookies, local storage, and similar technologies on our websites, in the dashboard, and in the widget on customer websites. ## What These Technologies Are Cookies are small files a website stores in your browser. Local storage, session storage, pixels, and tags are similar technologies that store or read information on your device or report activity to a server. This policy uses “cookies” to mean all of them. ## Essential Storage FALA uses local storage and similar technologies for authentication state, active workspace selection, widget visitor IDs, conversation continuity, security, and product functionality. The visitor widget stores a visitor identifier and per-widget conversation identifier so chat and voice sessions can continue across page reloads. ## Functional and First-Party Measurement Storage On our websites we store your light or dark theme choice, which version of a page you were shown when we test page variations (so you see the same version on each visit), and your privacy choices. These stay in your browser and are not shared with advertising partners. Our own sign-up measurement is cookieless: when you view our homepage or click a sign-up button, our server counts it using a one-way hash of the day, your IP address, and your browser that cannot be reversed and changes every day, so it never identifies you. If you use Sign in with Google (including Google One Tap), Google may set its own cookies under Google’s privacy policy. ## Analytics And Advertising Cookies FALA’s own websites (fala.elav8.ai and the ELAV8 Account sign-in pages at id.elav8.ai) use Google Tag Manager to load Google Analytics 4, Google Ads, the Meta (Facebook) Pixel, the TikTok Pixel, and the Reddit Pixel, which set cookies and similar identifiers to measure traffic and advertising performance (including signup and demo conversions). In the European Economic Area, the United Kingdom, and Switzerland, advertising and analytics cookies stay off until you accept them in our cookie banner. Elsewhere they are on by default, except that a Global Privacy Control signal or an opt-out through the “Your privacy choices” link turns off the advertising cookies and pixels for that browser; analytics measurement may continue. See “Your Privacy Choices” in our Privacy Policy. These cookies are used only on FALA’s own websites — the embeddable widget on customer websites sets no analytics or advertising cookies. ## The Widget on Customer Websites The FALA widget sets no analytics or advertising cookies. It uses local and session storage in the Visitor’s browser only to work: a random visitor identifier, conversation identifiers so a chat or voice session can continue across pages, the conversation transcript for continuity, and whether the assistant’s greeting was already shown. The business that runs the website is responsible for any cookie notices its own site requires. ## Your Choices You can block or delete cookies and site data in your browser settings; if you block essential storage, parts of FALA may not work. You can turn off advertising cookies and pixels on our websites with the “Your privacy choices” link at the bottom of every page or by enabling Global Privacy Control, and in the EEA, the UK, and Switzerland you can change your choices in our cookie banner at any time. See our Privacy Policy for more. ## Changes and Contact We may update this Cookie Policy as our websites and the Services change, and we will post the updated version with a new date. Questions: support@elav8.ai. # FALA Acceptable Use Policy Last updated: October 16, 2026 The rules for using FALA safely and lawfully. This policy is part of the Terms of Service, and a violation can lead to suspension or termination. ## Purpose and Scope This Acceptable Use Policy applies to everyone who uses FALA, including customers, their Users, and any AI assistant or agent connected to a workspace. Customers are responsible for their Users’ and agents’ compliance. Capitalized terms have the meanings given in the Terms of Service. ## Illegal, Harmful, and Deceptive Use Do not use FALA to break any law or regulation, or to promote, facilitate, or engage in illegal activity. Do not use FALA to defraud, scam, phish, or mislead people, including by misrepresenting who you are, what you sell, its price or terms, or the results people will get. Do not configure an agent to claim to be a human, to deny being an AI when asked, or to impersonate any real person, business, government agency, or brand you are not authorized to represent. Do not use FALA to harass, threaten, bully, defame, or intimidate anyone, or to generate or distribute hateful, violent, sexually explicit, or obscene content. Content that sexually exploits or endangers children is strictly prohibited and will be reported to the appropriate authorities. Do not use FALA to infringe or misappropriate anyone’s intellectual property, privacy, publicity, or other rights. ## Privacy, Surveillance, and Sensitive Data Do not deploy FALA to record, intercept, transcribe, or monitor anyone’s communications without every notice and consent the law requires. Do not use FALA for covert surveillance, stalking, tracking individuals, or building profiles of people without their knowledge. Do not use the widget to collect passwords, payment card numbers, bank account numbers, government identification numbers, health or medical information, biometric data, precise geolocation, or information about children, unless Elav8 has expressly agreed in writing. Do not use FALA to make or support decisions that have legal or similarly significant effects on people, such as decisions about credit, lending, insurance, housing, employment, education, healthcare, immigration, or access to essential services, without qualified human review and every notice the law requires. ## Regulated and High-Risk Uses If you operate in a regulated industry (for example healthcare, financial services, insurance, legal services, real estate, debt collection, cannabis, firearms, alcohol, gambling, or adult services), you are responsible for every licensing, disclosure, record-keeping, advertising, and communications rule that applies, and you must configure your agent accordingly. We may decline or end service for any use we consider high-risk. FALA must never be used for emergency services or for any situation where a failure, delay, or error could lead to death, personal injury, or environmental or property damage. Do not use FALA to generate election or political content intended to deceive voters, or to impersonate candidates, officials, or campaigns. ## Communications Compliance You are responsible for required consent, opt-out handling, do-not-call compliance, quiet hours, sender registration, and disclosures for calls, texts, and AI-generated voice. Do not send spam, unsolicited bulk messages, or messages to people who have opted out, and do not send prohibited content categories under carrier rules (such as sex, hate, alcohol, firearms, and tobacco content where restricted). See our Voice, SMS, and Telephony Compliance Notice for details. ## Websites, Crawling, and Content Only direct FALA to read websites and content that you own or are authorized to use for this purpose, and only embed the widget on websites you control. Do not upload or link content that contains malware or that you are not permitted to share, and do not use FALA to gather data from third-party websites in violation of their terms or of law. ## Security and Integrity of the Service Do not attempt to bypass or disable quotas, rate limits, domain locks, authentication, workspace isolation, safety filters, or other protections, or to access data, accounts, or systems you are not authorized to access. Do not probe, scan, load-test, or penetration-test FALA without our written permission. If you find a vulnerability, report it privately to support@elav8.ai with the subject “Security Report,” give us reasonable time to fix it, and do not access or keep other customers’ data. Do not jailbreak or try to circumvent the safety measures of FALA or of its AI providers, extract system prompts or model internals, or use Output to train or improve a competing AI model or product. Do not interfere with or overload FALA, other customers’ use of it, or our providers’ networks. ## Enforcement We may investigate suspected violations and may remove content, disable agents or widgets, suspend communications features, suspend or terminate accounts, and cooperate with law enforcement, carriers, and affected parties, with or without notice, as we consider appropriate. We are not obligated to monitor use of FALA, and our decision not to act does not waive our rights. ## Reporting Abuse To report abuse of FALA, including a FALA-powered assistant that behaves unlawfully, email support@elav8.ai with the subject “Abuse Report,” the website address, and what happened. # FALA AI Services Terms Last updated: October 16, 2026 Additional terms for FALA’s AI features: how they work, their limits, disclosure duties, and how AI data is handled. These terms are part of the Terms of Service. ## 1. Scope These AI Services Terms apply to every feature of FALA that uses artificial intelligence, including the visitor-facing chat and voice agent, knowledge base building and search, page guidance and form filling, the Architect, configuration suggestions, insights, summaries, image generation, and features available to AI assistants connected through our MCP server. Capitalized terms have the meanings given in the Terms of Service. ## 2. How FALA’s AI Works FALA builds a knowledge base from the website pages, files, and answers you provide, and retrieves relevant passages to ground each response. Responses, speech, and transcripts are generated by AI models from third-party providers (currently Google, xAI, and OpenAI). We may change models, providers, voices, and engines at any time, and different requests may be served by different models. When a Visitor asks for help on a page, the widget reads the content and structure of that page so the agent can guide the Visitor, highlight controls, and fill form fields the Visitor dictates. ## 3. AI Disclosure FALA agents are designed to identify themselves as AI assistants and to disclose that they are AI when asked. You must not configure, instruct, or prompt an agent to claim to be a human, to deny being an AI, or to conceal that it is an AI system, and you must not remove or obscure the AI disclosure that FALA displays. You are responsible for any additional disclosure that applies to your industry, location, or use case, including disclosures required for AI-generated or artificial voices on calls, for recording and transcription, and under laws such as Article 50 of the EU Artificial Intelligence Act and state AI and chatbot disclosure laws. Voice and chat interactions may be sent to AI model providers for real-time processing, grounding, transcription, and response generation. ## 4. Limitations of AI AI systems are probabilistic. Output can be wrong, incomplete, outdated, inconsistent, biased, or inappropriate, even when your knowledge base is correct, and the same question can receive different answers. Speech recognition can mishear names, numbers, email addresses, and other details. The agent may misunderstand a Visitor, fail to follow your instructions, or take an action you did not intend. You are responsible for testing your agent before and after it goes live, monitoring its conversations, correcting your knowledge base and briefing, and using FALA’s controls (such as claim corrections, staged knowledge, and publishing) to keep it accurate. ## 5. Human Review and Prohibited High-Risk Uses Do not rely on AI output for legal, medical, financial, emergency, or other high-risk decisions without qualified human review. You must not use FALA’s AI to make or materially support decisions that produce legal or similarly significant effects on individuals, to provide professional advice, to handle emergencies, to interact with children, or for any use that would be classified as high-risk or prohibited under the EU Artificial Intelligence Act or similar laws, unless we have expressly agreed in writing. ## 6. Page Guidance and Form Filling The agent fills fields only with information the Visitor provides in the conversation, never reads or fills password or payment fields, never ticks consent or terms checkboxes, and never submits a form; the Visitor reviews and submits it. You are responsible for your forms, their labels, the consents they collect, and what happens after a Visitor submits them. ## 7. Knowledge and Website Reading When you give FALA a website address, FALA reads that site’s pages, honoring its robots directives, to build your knowledge base. You must own or be authorized to use that content. Automatic re-reads may bring back content you removed from FALA but not from your website, so keep your website and your corrections in sync. ## 8. AI Data Handling Elav8 does not use your Customer Content or Visitor conversations to train or fine-tune AI models, and uses its providers’ business API services, under which they do not use that content to train their models. Providers may keep prompts and responses for a limited period, typically up to 30 days, solely to detect abuse and comply with law. Our Privacy Policy and Data Processing Addendum describe our handling of personal data in more detail. ## 9. Voices, Names, and Likeness FALA’s voices are synthetic. You must not use FALA to imitate the voice, name, or likeness of a real person, or to create content that a reasonable person would mistake for a real person’s statement, without that person’s documented consent and every disclosure the law requires. ## 10. Connected AI Assistants If you connect an AI assistant or agent to your workspace through our MCP server or an API key, it acts as one of your Users. Every action it takes is your action under the Terms of Service, and you are responsible for the permissions you grant it and for disconnecting it when no longer needed. Content it reads from websites, knowledge bases, or Visitor messages is untrusted input and may contain instructions it should not follow. ## 11. Safety Measures We and our providers may filter, block, or modify inputs or Output, refuse requests, limit features, and suspend agents to prevent harm, abuse, or legal violations. These measures are imperfect, and their presence does not shift responsibility for your agent’s conduct to us. ## 12. Output and Warranty Ownership of Output, and the disclaimers, limitations of liability, and indemnities that apply to AI features, are set out in the Terms of Service. AI features are provided as-is, without any warranty of accuracy, completeness, or fitness for a particular purpose. # FALA Data Processing Addendum Last updated: October 16, 2026 The processor and service-provider terms for personal data that FALA processes on a customer’s behalf. This addendum is part of the Terms of Service and applies automatically, without signature. ## 1. Scope and Parties This Data Processing Addendum (“DPA”) is between ELAV8 AI LLC, a Florida limited liability company (“Elav8”) and the customer that has accepted the FALA Terms of Service (“Customer”). It applies to Customer Personal Data that Elav8 processes on Customer’s behalf in providing the Services, and forms part of the Agreement. If this DPA conflicts with the Terms of Service on a matter of personal data protection, this DPA controls. ## 2. Definitions “Data Protection Laws” means all laws that apply to the processing of Customer Personal Data under the Agreement, including the EU and UK General Data Protection Regulations, the Swiss Federal Act on Data Protection, the California Consumer Privacy Act as amended (“CCPA”), and other U.S. state comprehensive privacy laws. “Customer Personal Data” means personal data or personal information within Customer Data. “Controller,” “processor,” “data subject,” “personal data breach,” “processing,” “business,” “service provider,” “contractor,” “sell,” and “share” have the meanings given in the applicable Data Protection Laws. “Subprocessor” means any processor Elav8 engages to process Customer Personal Data. ## 3. Roles of the Parties For customer end-user data, the customer is the controller/business and FALA is the processor/service provider. FALA processes personal data only to provide and secure the services or as otherwise instructed. Elav8 is an independent controller of personal data about Customer’s account, Users, billing, support, and security, which it processes as described in its Privacy Policy. ## 4. Customer’s Instructions and Responsibilities The Agreement, Customer’s configuration of the Services, and Customer’s use of the Services’ features are Customer’s complete documented instructions to Elav8. Additional instructions require Elav8’s written agreement. Elav8 will tell Customer if it believes an instruction violates Data Protection Laws, and may suspend the affected processing. Customer is responsible for the lawfulness of the processing it instructs, including having a lawful basis, giving every notice, and obtaining every consent required for Elav8 to process Customer Personal Data, in particular for recording, intercepting, transcribing, and storing Visitor communications and for calls and texts. Customer will not instruct Elav8 to process special-category or sensitive data unless the parties have agreed in writing. ## 5. Elav8’s Processing Obligations Elav8 will process Customer Personal Data only on Customer’s documented instructions, including with regard to international transfers, unless the law requires otherwise (in which case Elav8 will inform Customer unless the law prohibits it). Elav8 will not: sell or share Customer Personal Data; retain, use, or disclose it for any purpose other than the business purposes specified in the Agreement, including any commercial purpose other than providing the Services; retain, use, or disclose it outside the direct business relationship between Elav8 and Customer; or combine it with personal data received from other sources, except as the Data Protection Laws permit for service providers. Elav8 will comply with the obligations applicable to it as a service provider or processor, provide the same level of privacy protection the Data Protection Laws require, and notify Customer if it can no longer meet them. Customer may take reasonable steps to stop and remediate unauthorized use. Elav8 will ensure that personnel authorized to process Customer Personal Data are bound by confidentiality obligations and access it only as needed to provide, secure, and support the Services. ## 6. Artificial Intelligence Elav8 will not use Customer Personal Data to train or fine-tune artificial intelligence models, and will engage AI model providers only under terms that prohibit them from using Customer Personal Data to train their models. AI model providers may retain inputs and outputs for a limited period to detect abuse and comply with law. ## 7. Subprocessors Customer gives Elav8 general authorization to engage Subprocessors. The current list is available to signed-in customers at fala.elav8.ai/subprocessors. Elav8 will impose data protection obligations on each Subprocessor that are no less protective than those in this DPA, and remains responsible for its Subprocessors’ performance as the Data Protection Laws require. Elav8 will update the list at least 15 days before a new Subprocessor begins processing Customer Personal Data, except in an emergency affecting the Services’ security or availability. Customer may object on reasonable data protection grounds by emailing support@elav8.ai within that period. The parties will discuss the objection in good faith; if they cannot resolve it, Customer’s sole remedy is to stop using the affected Services and terminate the affected subscription without penalty. ## 8. Security Elav8 will implement and maintain appropriate technical and organizational measures designed to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing. The measures in Annex II describe the current baseline; Elav8 may update them as long as it does not materially reduce overall security. ## 9. Personal Data Breaches Elav8 will notify Customer without undue delay, and where feasible within 72 hours, after becoming aware of a personal data breach affecting Customer Personal Data. The notice will describe, to the extent known, the nature of the breach, the categories and approximate number of data subjects and records concerned, the likely consequences, and the measures taken or proposed. Elav8 will provide further information as it becomes available and take reasonable steps to contain and remediate the breach. Customer is responsible for notifying data subjects and authorities where the law requires. Elav8’s notification of a breach is not an acknowledgment of fault or liability. ## 10. Assistance and Data Subject Requests Taking into account the nature of the processing, Elav8 will provide reasonable assistance to Customer in responding to requests from data subjects to exercise their rights, primarily through the Services’ self-service tools for exporting, correcting, and deleting data. If Elav8 receives a request directly, it will forward it to Customer when the request identifies Customer, and will not respond to it except as Customer instructs or the law requires. Elav8 will provide reasonable assistance with Customer’s data protection impact assessments and prior consultations with supervisory authorities, to the extent required by Data Protection Laws and based on information available to Elav8. Assistance beyond the Services’ self-service tools may be subject to reasonable fees. ## 11. Deletion and Return Customer can export and delete Customer Personal Data with the Services’ tools during the subscription, and can set retention periods for conversations and leads. After the Agreement ends, Elav8 will delete Customer Personal Data in its production systems within 90 days, unless the law requires it to keep some of it. Copies in backups and logs are deleted in the ordinary course on their regular schedules and remain protected under this DPA until then. Consent records may be kept as evidence of consent, as described in the Privacy Policy. ## 12. Audits and Information Elav8 will make available to Customer the information reasonably necessary to demonstrate its compliance with this DPA. Customer may exercise any audit right under Data Protection Laws by sending a written request to support@elav8.ai, no more than once in any 12-month period unless required by a supervisory authority or following a personal data breach. Elav8 will respond to reasonable written security and privacy questionnaires. Any on-site audit requires at least 30 days’ notice, will be conducted during business hours by an independent auditor bound by confidentiality, will avoid disrupting Elav8’s operations or compromising other customers’ data, and will be at Customer’s expense. ## 13. International Transfers Elav8 processes Customer Personal Data in the United States, and its Subprocessors may process it in other countries. To the extent Customer Personal Data subject to the GDPR is transferred to a country without an adequacy decision, the parties agree to the Standard Contractual Clauses approved by European Commission Implementing Decision (EU) 2021/914, Module Two (controller to processor) or Module Three (processor to processor) as applicable, which are incorporated by reference: Clause 7 does not apply; under Clause 9 the general authorization and notice period in Section 7 of this DPA apply; the optional language in Clause 11 does not apply; Clause 17 is governed by the laws of Ireland; and under Clause 18 disputes are resolved by the courts of Ireland. Annex I and Annex II of this DPA complete the Clauses’ appendix. For transfers subject to the UK GDPR, the International Data Transfer Addendum issued by the UK Information Commissioner applies together with the Clauses, and for transfers subject to Swiss law, the Clauses apply with the necessary adaptations, with the Swiss Federal Data Protection and Information Commissioner as the competent authority where required. ## 14. U.S. State Privacy Laws To the extent the CCPA or another U.S. state privacy law applies, Elav8 acts as Customer’s service provider, contractor, or processor; processes Customer Personal Data only for the limited and specified business purpose of providing the Services described in the Agreement; and certifies that it understands and will comply with the restrictions in Section 5. Elav8 will provide Customer the information reasonably necessary to conduct any required data protection assessment. ## 15. Liability and Term Each party’s liability arising out of or relating to this DPA, however caused, is subject to the limitations and exclusions of liability in the Terms of Service, to the extent the Data Protection Laws permit. This DPA lasts as long as Elav8 processes Customer Personal Data on Customer’s behalf. ## Annex I: Details of Processing Subject matter and duration: providing the Services under the Agreement, for the duration of the Agreement and the deletion period in Section 11. Nature and purpose: hosting, storage, retrieval, and transmission; real-time AI voice and chat processing, transcription, and response generation; knowledge base building and search; lead capture and routing; page guidance and form filling at the Visitor’s request; integrations, exports, and syncs Customer enables; usage metering and billing; security, abuse prevention, and support. Data subjects: Customer’s website Visitors and other end users who interact with Customer’s agents, and Customer’s Users and personnel. Categories of personal data: names, email addresses, phone numbers, and other contact details; message content and voice transcripts; requests, form entries, and other information data subjects choose to share; page addresses and context; browser identifiers, conversation identifiers, timestamps, device and browser information, and IP address; and User account details. Special categories: none intended. Customer must not configure the Services to collect them. Frequency: continuous, for as long as Customer uses the Services. ## Annex II: Technical and Organizational Measures Encryption: data is encrypted in transit using TLS, and is stored with hosting, database, cache, and object storage providers that encrypt data at rest. Access control: sign-in through the ELAV8 Account using OAuth 2.1 with PKCE and optional two-factor authentication; role-based access within workspaces; Elav8 personnel access limited to what is needed to provide, secure, and support the Services. Isolation and keys: every record is scoped to its workspace server-side; widget embed keys are locked to the customer’s own domains by default; API keys and access tokens are stored only as one-way hashes; integration credentials are encrypted. Monitoring and accountability: an append-only audit trail of sign-ins, changes, exports, and administrative access; rate limiting and abuse detection; error and security monitoring. Data minimization and retention: customer-configurable retention with automatic deletion of leads and transcripts; transcripts instead of audio recordings for widget voice conversations; personal information removed from helpdesk handoff transcripts where possible; dashboard telemetry that excludes message content, keystrokes, and form values. Resilience: managed database services with backups, a separate protected copy of consent records, and infrastructure distributed across multiple machines. Development and vendors: automated testing before release, dependency management, and contractual data protection obligations for Subprocessors. ## Annex III: Subprocessors The current list of Subprocessors, with their purposes and locations, is available to signed-in customers at fala.elav8.ai/subprocessors. # FALA Voice, SMS, and Telephony Compliance Last updated: October 16, 2026 Your responsibilities when FALA records, transcribes, calls, texts, or hands conversations to people for your business. This notice is part of the Terms of Service. It is a summary, not legal advice; consult your own counsel. ## Who This Applies To This notice applies to every customer that uses FALA’s voice agent, chat agent, lead capture, human handoff, calls, texts, voicemail, call forwarding, or follow-up features. For all of these communications, you are the business communicating with the Visitor or recipient, and Elav8 is your technology provider acting at your direction. ## Consent And Disclosure If you enable voice, calls, SMS, or handoff, you must obtain and document required consent, identify your business, disclose AI-generated voice and recording/transcription where required, and honor opt-outs. Some jurisdictions require all-party consent for recording or transcription. Some rules require AI voice disclosure within the first seconds of a call. ## Recording, Transcription, and Web Chat FALA transcribes and stores chat and voice conversations for you. Many states, including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, require the consent of every party before a communication is recorded or intercepted, and courts in Florida and California are hearing large numbers of lawsuits claiming that website chat and AI assistants recorded conversations without prior consent. Before a Visitor’s first message or first spoken word, you should clearly disclose that they are talking to an AI system and that the conversation is processed, transcribed, and stored by you and your service providers, link your privacy notice, and obtain their agreement, for example by making starting the conversation the affirmative act of agreeing to a conspicuous notice. Consent obtained after a conversation begins may not be valid. FALA’s default widget notice is a starting point that you are responsible for reviewing and, where needed, strengthening. ## AI and Artificial Voices The Federal Communications Commission treats AI-generated voices as “artificial or prerecorded voice” under the Telephone Consumer Protection Act, so calls that use them generally require the called party’s prior express consent, and prior express written consent when the call is telemarketing. Artificial-voice messages must identify the caller at the start and provide a callback number, and telemarketing messages must offer an automated opt-out. Some states and the EU AI Act impose additional AI disclosure duties. ## Calls and Texts Obtain prior express written consent before sending marketing texts or making marketing calls with an automated system or artificial voice, as required by the TCPA and by state laws such as the Florida Telephone Solicitation Act. Keep records of each consent: who gave it, when, how, and the exact disclosure shown. Honor revocations of consent made by any reasonable means (including replies such as STOP, quit, end, revoke, opt out, cancel, or unsubscribe) within the time the law requires, currently no more than 10 business days under FCC rules, and stop all communications the revocation covers. FCC rules on revocation scope and designated opt-out methods are changing; follow the rules in effect when you communicate. Call and text only during permitted hours in the recipient’s time zone (for example, 8 a.m. to 8 p.m. under the Florida Telephone Solicitation Act, and narrower hours or holiday restrictions in some states), and scrub numbers against the National Do Not Call Registry, applicable state lists, and your own internal do-not-call list. Register your brand and campaigns where carriers require it (such as A2P 10DLC and toll-free verification), follow CTIA messaging principles and carrier content rules, and include your business name and opt-out instructions in your messages. ## Human Handoff and Tickets When a conversation is handed to a person or turned into a helpdesk ticket, tell the Visitor what will happen next, limit the personal information you share to what is needed, and make sure the people and tools receiving it are bound to protect it. Do not tell a Visitor that a person will call or text them unless your team will actually do so and you have the consent required. ## Emergencies FALA is not an emergency service and cannot contact emergency services. Make clear to Visitors that they should call emergency services in an emergency, and configure your agent to direct them to do so. ## International Communications If you communicate with people outside the United States, laws such as Canada’s Anti-Spam Legislation, the EU ePrivacy Directive and GDPR, and the UK Privacy and Electronic Communications Regulations may impose stricter consent, identification, and opt-out requirements. ## Customer Responsibility You are responsible for TCPA, TSR, CTIA, A2P 10DLC, CAN-SPAM, CASL, PECR/GDPR, do-not-call, quiet-hour, and analogous laws that apply to your communications. You agree to indemnify Elav8 for claims arising from your communications, as provided in the Terms of Service. ## Our Rights We may suspend calls, texts, or other features immediately, block numbers or messages, share information with carriers and registries as their rules require, and cooperate with investigations, if we believe a use violates law, carrier rules, or our policies. ## Not Legal Advice This notice summarizes common requirements and is not legal advice. Laws differ by location and change often. Consult your own legal counsel about the rules that apply to your business.