Terms of service | avoClerk

These Terms of Service (“Terms”) govern your use of the avoClerk AI voice receptionist service (the “Service”) provided by Avo LLC, a Wyoming limited liability company (“avoClerk,” “we,” “us,” “our”).

By creating an account, clicking “I agree,” or using the Service, you (“Customer,” “you”) agree to these Terms. If you do not agree, do not use the Service. The Service is intended for United States–licensed law firms only.

1. Eligibility and customer representations

You represent and warrant that:

You have authority to bind the firm on whose behalf you sign up.
The firm is duly organized, in good standing, and licensed to practice law in every U.S. jurisdiction in which it holds itself out as practicing.
You will comply with the rules of professional conduct of every state bar to which you are admitted, including without limitation rules analogous to ABA Model Rules 1.1, 1.6, 5.3, and 7.1–7.3.
You will exercise independent professional supervision of the Service consistent with Rule 5.3.
You will not use the Service in any U.S. jurisdiction where the firm is not licensed to practice, or to engage in conduct that constitutes the unauthorized practice of law.
You will not feed protected health information, classified information, or other categories of regulated data into the Service. The Service is not HIPAA-compliant and we do not sign Business Associate Agreements at this time.

2. The Service

The Service answers inbound calls on phone numbers you provision, performs an AI-driven conversation with the caller, optionally records the call, transcribes it, and delivers transcripts and structured intake into your dashboard.

The Service is not a law firm. The Service does not provide legal advice and is not a substitute for an attorney. You are solely responsible for the legal substance of the firm’s communications with prospective and actual clients.

3. AI use, output, and caller communications

Non-deterministic output. The Service uses large language models and other AI components. Output may contain errors, omissions, or inconsistencies (“hallucinations”). The Service is not warranted to be accurate, complete, or correct.
No legal advice from the Service. The Service is configured not to provide legal advice. You agree not to remove or weaken these safeguards.
AI identity disclosure. The Service discloses to callers that they are speaking with an AI assistant, in compliance with applicable AI-disclosure laws including CA AB 2905 (effective January 1, 2025), CA SB-243, and FL SB-998. You may not disable or weaken this disclosure.
Recording and consent. Recording is governed by the Recording & AI Disclosure Policy. You select the per-firm consent mode and accept responsibility for that determination.
No model training on Caller Data. We do not train, fine-tune, or retain weights for any third-party or general-purpose AI model on Caller Data, except as you separately and expressly opt in.

4. Subscriptions, billing, and “unlimited” minutes

Subscriptions are sold on the dashboard at avoclerk.com/pricing. “Unlimited minutes” describes typical lawful inbound use; minutes used in violation of the Acceptable Use Policy do not count as covered. Subscriptions auto-renew; you may cancel any time. Prices may change on at least thirty (30) days’ notice. Billing is processed by Stripe; the descriptor resolves to “Avo LLC” (or a sub-descriptor referring to avoClerk).

5. Customer Data and data roles

As between you and us, you own Customer Data. With respect to Caller Data, you are the controller and we are the processor. You grant us a non-exclusive, royalty-free license to host, process, and transmit Customer Data to operate the Service. The license does not authorize us to train models for third parties or for general-purpose AI development.

On termination we retain Customer Data for thirty (30) days to allow export, then delete subject to legal-hold instructions.

6. Acceptable use

You will comply with our Acceptable Use Policy, which is incorporated into these Terms.

7. Recording, AI disclosure, and caller authorization

Our Recording & AI Disclosure Policy is incorporated into these Terms. Real-time speech-to-text and AI processing of call audio may, depending on jurisdiction, constitute “interception” under federal or state wiretap statutes in addition to recording. As a condition of activating two-party consent mode, you attest that you have reviewed the policy, understand the per-state requirements, and have determined the configuration appropriate for your firm.

8. Mutual indemnification

We will defend you against third-party claims that the Service, as provided by us and used per these Terms, infringes a U.S. copyright, patent, or trademark, with standard carve-outs (your modifications, your combinations, your continued use after we offered a non-infringing alternative, Customer Data).

You will defend us against third-party claims arising out of Customer Data; your or your authorized users’ violation of the AUP, the Recording & AI Disclosure Policy, applicable law, bar rules, or these Terms; allegations of unauthorized practice of law or violation of TCPA, CIPA, BIPA, or similar statutes through non-compliant use.

9. Disclaimers and warranties

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT THE AI WILL BE ACCURATE OR FREE OF HALLUCINATIONS; OR THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR BUSINESS OUTCOME. WE ARE NOT A LAW FIRM AND WE DO NOT PROVIDE LEGAL SERVICES.

10. Limitation of liability

Each party’s aggregate liability arising out of or relating to these Terms will not exceed the greater of (i) one hundred U.S. dollars ($100) or (ii) the fees you paid us in the twelve (12) months immediately preceding the event giving rise to the claim. Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages. The cap and exclusions do not apply to your payment obligations, indemnity, gross negligence, willful misconduct, fraud, or IP/confidentiality violations.

11. Term and termination

Either party may terminate at any time with notice. We may suspend immediately for security, abuse, legal, or reputational threats. On termination your right to use the Service ends; surviving sections continue per their terms.

12. Dispute resolution; arbitration; class-action waiver

Before filing any claim, the parties will attempt in good faith to resolve it for thirty (30) days; email [email protected] first. Unresolved disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules; seat in Sheridan, Wyoming.

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. Carve-outs: IP injunctive relief, small-claims court, and claims that as a matter of governing law may not be subject to pre-dispute arbitration or class waiver, including certain statutory privacy claims.

You may opt out of arbitration and class waiver by emailing [email protected] within thirty (30) days of first accepting these Terms with the subject “Arbitration Opt-Out” and your firm’s name.

13. Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of- law rules. For matters not subject to arbitration, exclusive venue is the state and federal courts in Sheridan County, Wyoming.

14. Modifications

We may update these Terms. Material changes will be announced at least thirty (30) days before the effective date via email and the dashboard.

15. Contact

[email protected]

Avo LLC, Attn: Legal, 30 N Gould Street, STE R, Sheridan, WY 82801. “avoClerk” and “Avo Inc.” are marketing names of Avo LLC; the contracting party is Avo LLC.