1. 1. Acceptance of These Terms and Electronic Records
These Terms of Service (the "Terms") are a binding agreement between you and Haven Technologies, Inc., a Washington State company ("Haven," "Ansabell," "we," "us," or "our"), governing your access to and use of the Ansabell AI voice receptionist service, our website at https://ansabell.com, our dashboard, APIs, and related applications (collectively, the "Service").
By creating an account, clicking "I agree" (or a similar button), subscribing, or otherwise accessing or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you," "your," and "Customer" refer to that entity.
Consent to electronic records and signatures. Under the federal E-SIGN Act and the Washington Uniform Electronic Transactions Act (UETA), you consent to transact with us electronically, to enter into agreements and receive disclosures, notices, and records electronically, and to the use of electronic signatures. Electronic records satisfy any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, but doing so will end your ability to use the Service.
Hardware and software you need. To access and retain electronic records, you need: a device with internet access; a current, supported web browser; a valid email account together with software able to receive and store email from us; and either a printer or a device with sufficient storage to download and save records (for example, software capable of viewing and saving PDF files). By accepting these Terms electronically, you confirm that you can access, view, and retain electronic records in these formats. You are responsible for maintaining a valid email address and the hardware, software, and internet access described here, and for keeping your contact information current in your account. If the hardware or software needed to access or retain electronic records materially changes in a way that creates a risk you could not access or retain them, we will notify you and, where required by law, give you the right to withdraw your consent without penalty.
If you do not agree to these Terms, do not access or use the Service.
2. 2. Key Definitions
- "Customer" (or "you") means the business that registers for and subscribes to the Service.
- "End Caller" means a person who places or receives a telephone call, or exchanges an SMS message, with a phone line powered by Ansabell on the Customer's behalf.
- "Customer Data" means all data, content, and communications the Service processes on the Customer's behalf, including call audio recordings, transcripts, End Caller phone numbers and details, appointment and booking information, SMS content, and call metadata.
- "Account Data" means the business account, contact, and billing information the Customer provides to us.
- "Subprocessor" means a third-party service we use to help provide the Service, as listed in Section 15.
3. 3. Description of the Service
Ansabell is a software-as-a-service AI voice receptionist for small businesses. Its primary function is to answer inbound business phone calls with a natural, automated AI voice. When configured by the Customer, the Service can, among other things:
- answer and conduct inbound phone conversations with End Callers using an automated AI voice;
- RECORD call audio and generate written TRANSCRIPTS of calls;
- send and receive SMS text messages on the Customer's behalf;
- where the Customer enables it, place outbound communications at the Customer's direction — for example, follow-up SMS messages, appointment reminders, and return or callback calls that use the same automated AI voice;
- capture caller details, schedule and book appointments, and integrate with Google Calendar and supported CRMs (only where the Customer connects them);
- take payments from End Callers, processed through our payment processor, Stripe; and
- provide a dashboard, analytics, call logs, and related account tools.
Whether the Service places any outbound calls or messages, and to whom, is controlled entirely by your configuration and instructions. Any outbound AI-voice communication is subject to your consent obligations in Section 6. The Service uses third-party telephony, speech-to-text, text-to-speech, and large language model technologies to operate (see Section 15). The specific features available to you depend on your subscription plan and any add-ons you enable.
No biometric identifiers. Ansabell does not create, capture, enroll, store, or use voiceprints or any other biometric identifier to identify or authenticate any individual under Washington RCW 19.375, the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifiers Act (CUBI), or any other biometric privacy law. Call audio is transcribed to text solely to operate the Service and is not used as a biometric identifier.
4. 4. Eligibility and Accounts
The Service is intended for businesses and is not directed to consumers for personal, household use, nor to children. You must be at least 18 years old and able to form a binding contract to register. The Service is not directed to children under 13 (or minors under 16), and we do not knowingly collect their personal information; if you believe a child has provided data through the Service, contact us at privacy@ansabell.com.
To use the Service you must create an account and provide accurate, complete, and current information, including your name, email, business name, and phone number. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Passwords are stored only in hashed form. Notify us promptly at hello@ansabell.com of any unauthorized use or suspected security breach. You are responsible for the acts and omissions of your employees, agents, and anyone you authorize to use the Service under your account.
5. 5. Customer Responsibilities — Lawful Call Recording and Consent
Recording and transcribing calls is a core function of the Service, and lawful recording is a shared but Customer-owned responsibility. You acknowledge and agree to the following.
All-party consent (Washington). Washington is an all-party (two-party) consent state. Under RCW 9.73.030, recording a private communication or conversation requires the consent of ALL parties to the call. The statute (RCW 9.73.030(3)) provides that consent is deemed obtained when one party announces to all other parties, at the beginning of the recording and in a reasonably effective manner, that the call is about to be or is being recorded — and that announcement must itself be recorded at the start of the communication as part of the recording. To rely on this mechanism, you must ensure that the disclosure is both delivered and recorded at the very beginning of each call. You are solely responsible for ensuring that every recorded call has the legally required consent.
Configurable disclosures. Ansabell provides configurable, automated recording-disclosure announcements and jurisdiction-aware settings that you can enable so that End Callers are notified at the start of a call that it may be recorded, with the announcement captured in the recording. You are responsible for enabling, configuring, testing, and maintaining these disclosures appropriately for your business and for not disabling them where consent is required. We provide these tools to help you comply; we do not thereby assume your legal obligations.
Cross-state calls. Calls to or from your Ansabell line may cross state lines into other all-party-consent jurisdictions (for example, California, Florida, Pennsylvania, and others). You are responsible for compliance with the recording laws of every applicable jurisdiction, and you agree to configure the Service accordingly, including applying all-party-consent disclosures whenever any party may be in an all-party-consent state.
Consumer health data (your obligations). If your calls may reveal health information (for example, dental, medical, med spa, veterinary, or chiropractic practices), you are responsible for obtaining any consent and providing any notice required by the Washington My Health My Data Act (RCW 19.373) and other applicable law before consumer health data is collected or shared, and for not directing us to sell such data. Ansabell is not currently offered for the processing of protected health information (see Section 14).
Our commitments for consumer health data. Where the Service processes consumer health data on your behalf, Ansabell processes it only on your documented instructions and as described in our Privacy Policy and Data Processing Addendum (DPA); we do not sell consumer health data and will not do so absent a valid written authorization that you are responsible for obtaining; and we do not implement geofencing around any in-person health care facility as prohibited by the My Health My Data Act (RCW 19.373). These commitments do not relieve you of your own controller obligations to obtain consent and provide notice.
6. 6. Customer Responsibilities — Calling and Texting Consent (TCPA)
The Service sends and receives calls and SMS messages at your direction and on your behalf. You, not Ansabell, are the sender/initiator of those communications for purposes of applicable law. You represent, warrant, and agree that:
- you have all consents, permissions, and legal bases required under the Telephone Consumer Protection Act (47 U.S.C. 227) and FCC rules to call and text every End Caller you contact through the Service;
- you will not send marketing or promotional text messages without the prior express written consent required by law;
- you will honor all opt-out and revocation requests (including "STOP" and equivalent keywords) promptly, and you will not use the Service to contact anyone who has opted out;
- any commercial email you send in connection with the Service complies with the CAN-SPAM Act, including accurate headers, clear identification, and a working unsubscribe mechanism; and
- you will comply with all applicable do-not-call, calling-time, and telemarketing rules, and with Telnyx, Twilio, and carrier messaging policies (including 10DLC registration where applicable).
Artificial or prerecorded voice. You acknowledge that the Service uses an artificial or prerecorded voice within the meaning of the TCPA and the FCC's February 8, 2024 Declaratory Ruling, which classifies AI-generated voices as "artificial." You are responsible for obtaining the prior express consent — and the prior express written consent required for any marketing or telemarketing — that the law requires before any outbound AI-voice call or text is placed to an End Caller through the Service, and for ensuring you have a lawful basis to use an artificial voice with each End Caller you contact.
You are responsible for the content of all calls, messages, and prompts you configure, and for any consequences of communications sent through your account.
7. 7. Acceptable Use
You agree not to, and not to permit anyone to, use the Service to:
- violate any law, regulation, or third-party right, including privacy, recording-consent, telemarketing, consumer-protection, or intellectual-property laws;
- send spam, unlawful, fraudulent, deceptive, harassing, or unsolicited communications, or engage in robocalling or texting without required consent;
- record or intercept communications without the consent required by law;
- collect, process, or share consumer health data without required consent, or sell such data;
- impersonate any person or entity or misrepresent your affiliation;
- transmit malware, or attempt to gain unauthorized access to, disrupt, overload, reverse engineer, decompile, or probe the Service or its infrastructure;
- resell, sublicense, or make the Service available to third parties except your own authorized end users, or use it to build a competing product;
- use the Service for emergency communications or as a substitute for 911 or emergency services; or
- upload content you do not have the right to use or that infringes or misappropriates any third-party right.
We may investigate suspected violations and cooperate with law enforcement. Violation of this Section is a material breach of these Terms.
8. 8. Fees, Free Trial, Auto-Renewal, Cancellation, and Refunds
Fees and billing. You agree to pay the fees for your selected plan and any add-ons or usage-based charges (for example, additional call minutes or messages), as described at sign-up or in your dashboard. Fees are stated exclusive of taxes, which you are responsible for. Payments are processed by Stripe; you authorize us and Stripe to charge your designated payment method for all applicable fees. You represent that you are authorized to use the payment method you provide.
Free trial. If we offer a free trial, the length of the trial, the exact price you will be charged when it converts to a paid subscription, and the date the first charge will occur are disclosed to you at sign-up before you start the trial. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged the disclosed fee on the disclosed date. Trial features and duration may change on a going-forward basis.
Automatic renewal (please read). Subscriptions are offered on an automatically renewing basis. Consistent with the federal Restore Online Shoppers' Confidence Act (ROSCA), the FTC's negative-option rules, and — for California customers — California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), you acknowledge and agree that:
- the renewal price, the billing frequency (for example, monthly or annually, as selected), and the charge date are disclosed to you at sign-up before you subscribe;
- your subscription automatically renews at the end of each billing period at the then-current price disclosed to you, and we will charge the recurring subscription fee and any applicable usage charges to your payment method at the start of each renewal term;
- the subscription continues until you cancel; and
- for annual subscriptions, we will send you a renewal reminder by email before your subscription renews.
Price changes. We will give you at least thirty (30) days' advance notice, by email or through the dashboard, before any increase in your recurring subscription fee takes effect. Price changes apply only to renewal terms after the notice period. If you do not accept the new price, you may cancel before the increase takes effect.
Cancellation. You may cancel at any time through your account dashboard or by contacting hello@ansabell.com. We provide an easy, online cancellation path that does not require you to call or take any step more burdensome than the one used to subscribe. Cancellation takes effect at the end of the current billing period; you will retain access through that period, and you will not be charged for the next renewal term once cancellation is processed before the renewal date.
Refunds. Except where required by law, fees are non-refundable and there are no refunds or credits for partial billing periods, unused minutes or messages, or features not used. We may, in our sole discretion, offer a refund or credit in individual cases. Usage-based charges already incurred are non-refundable. Founding Member guarantee. Notwithstanding the foregoing, annual Founding Member plans include a 30-day “book 5 jobs or full refund” guarantee: if Ansabell does not book you at least five (5) qualifying appointments within your first 30 days — provided Ansabell was set up and receiving your forwarded calls throughout that period — we will, on your written request to hello@ansabell.com before the end of that 30-day period, refund the fees you paid for that plan in full.
Failed payments. If a charge fails, we may retry and may suspend or downgrade the Service until payment is received.
9. 9. Customer Data — Ownership and License to Operate the Service
As between you and us, you own and retain all right, title, and interest in your Customer Data. We claim no ownership of it.
Roles. For the personal information of End Callers that we process on your behalf, you are the controller / business responsible, and Ansabell acts as your processor / service provider, processing that data only to provide the Service under these Terms, our Privacy Policy, and our Data Processing Addendum (DPA). You are responsible for the accuracy, quality, legality, and appropriate collection of Customer Data and for obtaining all consents and providing all notices required for us to process it. Ansabell is a controller for its own Account Data and billing information.
License. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, record, transcribe, and display Customer Data solely as needed to provide, maintain, and secure the Service for you, to route it to Subprocessors as described in Section 15, and as otherwise permitted by our Privacy Policy and DPA. We do not sell Customer Data or End Caller personal information; we do not use End Caller call content for cross-context behavioral advertising; and we do not use Customer Data or End Caller call content to train any AI model, whether ours or a third party's.
Aggregated and de-identified data. We may generate and use aggregated or de-identified data that does not identify you or any individual to operate, analyze, and improve the Service, provided we do not attempt to re-identify it and we maintain and use it in de-identified form. Our detailed data practices are described in our Privacy Policy and DPA, which are incorporated by reference.
10. 10. Security and Breach Notification
We maintain reasonable and appropriate administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized or unlawful access, use, disclosure, alteration, or destruction, consistent with GDPR Article 32, applicable US state privacy laws, and our processor duties under the My Health My Data Act. These measures include encryption of data in transit and at rest, access controls, and monitoring, and are described further in our DPA. Passwords are stored only in hashed form, and full card numbers are handled by our PCI-compliant payment processor rather than stored by us (see Sections 8 and 15).
Breach notification. If we become aware of a personal-data breach affecting Customer Data, we will notify you without undue delay and provide the information you reasonably need to meet your own notification obligations, consistent with GDPR Articles 33-34, applicable US state breach-notification laws, and our DPA. No method of transmission or storage is perfectly secure; you are responsible for securing your own account credentials, devices, and connected integrations, and for configuring the Service securely.
11. 11. Consumer and Data-Subject Rights Requests
Individuals may have rights to access, delete, correct, or opt out of certain processing of their personal information under laws such as the CCPA/CPRA, the Virginia VCDPA, the Colorado CPA, and the privacy laws of Connecticut, Utah, Texas, Oregon, and Montana, the Washington My Health My Data Act, and the GDPR/UK GDPR.
Because you are the controller / business for End-Caller personal information and Ansabell acts as your processor / service provider, requests from End Callers regarding that information are directed to you, and you are responsible for responding to them. If we receive a rights request directly from an End Caller, we will, where permitted, refer them to you or promptly forward the request to you. We will provide reasonable assistance to help you respond — including access, deletion, correction, and opt-out support — as described in our DPA. We do not sell personal information and do not use End-Caller call content for cross-context behavioral advertising or to train third-party foundation models. For Ansabell's own Account Data, for which we are the controller, individuals may contact us at privacy@ansabell.com.
12. 12. AI Limitations and No Professional Advice
The Service uses automated AI, speech recognition, and language-model technology. AI systems are probabilistic and can make mistakes: the AI receptionist may mishear, mis-transcribe, misunderstand, or respond inaccurately; it may capture booking, contact, or payment details incorrectly; and transcripts may contain errors. The Service is provided to assist your business, not to replace human judgment.
You are responsible for reviewing and confirming the accuracy of bookings, appointments, messages, payments, and other outcomes generated by the Service before relying on them, and for putting appropriate human review in place for your business. The AI does not provide legal, medical, financial, tax, or other professional advice, and its outputs must not be treated as such. We are not responsible for actions taken, missed, or delayed based on AI outputs, subject to Section 17.
13. 13. Third-Party Integrations
The Service can connect to third-party products and services you choose to enable, such as Google Calendar, supported CRMs, and payment processing through Stripe. Your use of any third-party service is governed by that provider's own terms and privacy policy, and you are responsible for maintaining the rights and permissions needed to connect it. We are not responsible for third-party services, their availability, or their acts or omissions, and we may suspend an integration if a provider changes or discontinues its service. Enabling an integration authorizes us to exchange the relevant Customer Data with that provider to operate the integration.
14. 14. Healthcare Customers and HIPAA
Ansabell offers a Business Associate Agreement (BAA) to Customers that are Covered Entities or Business Associates under the Health Insurance Portability and Accountability Act (HIPAA). If you will use the Service to create, receive, maintain, or transmit protected health information (PHI), you must first execute a BAA with us, and PHI may be submitted only under that executed BAA. Absent an executed BAA, you agree not to use the Service to create, receive, maintain, or transmit PHI. Your obligations under the My Health My Data Act (Section 5) apply regardless of HIPAA status.
15. 15. Subprocessors
We use the following Subprocessors to provide the Service. Each processes only the data needed for its stated purpose. Data is hosted in the United States. Additional detail and the current list are maintained in our Privacy Policy and DPA.
| Subprocessor | Purpose |
|---|---|
| Telnyx | Telephony and SMS delivery (primary) |
| Twilio | Telephony and SMS delivery (secondary / fallback) |
| Deepgram | Speech-to-text call transcription |
| Cartesia | Text-to-speech AI voice |
| ElevenLabs | Text-to-speech AI voice |
| OpenAI | Large language model reasoning (processes call text transiently; not used to train foundation models by default under its API terms) |
| Anthropic | Large language model reasoning (processes call text transiently; not used to train foundation models by default under its API terms) |
| Stripe | Payment processing (Ansabell stores tokens/last4 only, not full card numbers) |
| Amazon Web Services (AWS) | Cloud hosting and encrypted storage (Amazon S3), US region |
| Calendar integration (only if the Customer connects it) |
Changes to Subprocessors. We may add or replace Subprocessors as the Service evolves. For Customers subject to the GDPR/UK GDPR, we will provide advance notice of any new or replacement Subprocessor and a reasonable opportunity to object on legitimate data-protection grounds, as set out in our DPA. Our current Subprocessor list is maintained in our Privacy Policy and DPA.
16. 16. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUTS, TRANSCRIPTS, BOOKINGS, OR MESSAGES WILL BE ACCURATE, COMPLETE, OR RELIABLE. THE SERVICE IS NOT INTENDED FOR EMERGENCY COMMUNICATIONS AND DOES NOT SUPPORT 911 OR EMERGENCY SERVICES. YOU ASSUME RESPONSIBILITY FOR YOUR COMPLIANCE WITH RECORDING, CONSENT, AND COMMUNICATIONS LAWS. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
17. 17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE EXCEPTIONS BELOW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO THE EXCEPTIONS BELOW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Exceptions. The exclusions and the monetary cap in this Section do not apply to, and do not limit: (a) your obligation to pay fees owed under these Terms; (b) your indemnification obligations under Section 18; (c) either party's breach of its confidentiality obligations; (d) either party's liability arising from its own gross negligence, willful misconduct, or fraud; or (e) any liability that cannot be limited or excluded under applicable law. Nothing in these Terms limits any liability of a party below the minimum that applicable law does not permit to be limited.
These limitations apply to the maximum extent permitted by law and form an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.
18. 18. Indemnification
You will defend, indemnify, and hold harmless Haven, Ansabell, and our affiliates, officers, employees, and agents from and against any third-party claims, demands, actions, losses, liabilities, damages, penalties, and costs (including reasonable attorneys' fees) arising out of or relating to:
- your Customer Data, prompts, content, and configuration of the Service;
- your calls, recordings, transcripts, SMS messages, and other communications made through the Service, including any failure to obtain required recording consent under RCW 9.73.030 or other law, or required calling/texting or artificial-voice consent under the TCPA, CAN-SPAM, or other law;
- your handling of consumer health data or protected health information;
- your violation of these Terms, the Acceptable Use section, or applicable law; or
- your infringement or misappropriation of any third-party right.
We will notify you of the claim, allow you to control the defense (with our right to participate through our own counsel), and reasonably cooperate. You may not settle any claim in a way that imposes obligations or admissions on us without our prior written consent.
19. 19. Term, Suspension, and Termination
These Terms apply while you have an account or use the Service. You may terminate by cancelling your subscription and closing your account (see Section 8). We may suspend or limit the Service immediately if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or if required by a Subprocessor or by law. We may terminate these Terms or your account for material breach that is not cured within a reasonable period, or for convenience on reasonable notice.
Effect of termination. On termination, your right to use the Service ends. We will make Customer Data available for export for thirty (30) days after termination, after which we may delete it in the ordinary course, subject to legal retention requirements and to the deletion and return commitments in our DPA. Fees owed remain payable. Sections that by their nature should survive termination — including data ownership, security and breach obligations, fees accrued, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous — survive.
20. 20. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. Subject to the arbitration provisions in Section 21, the state and federal courts located in Thurston County, Washington have exclusive jurisdiction and venue, and you consent to personal jurisdiction there. The Washington Consumer Protection Act (RCW 19.86) and other mandatory consumer-protection laws apply where required. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
21. 21. Dispute Resolution — Binding Arbitration, Class Waiver, and Opt-Out
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
Informal resolution first. Before starting an arbitration, you agree to contact us at legal@ansabell.com and give us a chance to resolve the dispute informally for at least 30 days.
Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules where the AAA determines those apply), as then in effect, before a single arbitrator, seated in Thurston County, Washington, or conducted by remote or telephonic hearing where available. The AAA Rules are available at www.adr.org. The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.
Arbitration fees. For an individual arbitration, Ansabell will pay the filing, administrative, and arbitrator fees to the extent required by the applicable AAA rules and fee schedules. Where those rules do not allocate the fees, Ansabell will pay them for any individual claim seeking less than $10,000, unless the arbitrator finds the claim frivolous or brought for an improper purpose, in which case fees may be allocated as the AAA rules permit. Each party otherwise bears its own attorneys' fees and costs, except where a statute or the arbitrator's award provides otherwise.
Class-action waiver. Disputes will be arbitrated only on an individual basis. YOU AND WE WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
Batch and mass arbitration. If 25 or more similar arbitration demands are asserted against us by or with the coordination or assistance of the same or coordinated counsel or organization, the parties and the AAA will administer the demands in staged batches of no more than 50 at a time, with a single set of filing and administrative fees per batch, and will use best efforts to resolve them efficiently. The applicable statute of limitations and any filing deadlines are tolled for demands awaiting assignment to a batch.
Confidentiality of arbitration. The parties will keep the existence, content, and results of any arbitration confidential, except as necessary to prepare for or conduct the arbitration, to enforce or challenge an award, to comply with law or a governmental request, or to seek interim judicial relief.
30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by sending written notice to legal@ansabell.com within 30 days after you first accept these Terms, stating your name, account, and clear intent to opt out. If you opt out, the arbitration and class-waiver provisions do not apply to you, and disputes proceed in the courts identified in Section 20. Opting out does not affect any other part of these Terms.
Small-claims carve-out and injunctive relief. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration, while the remaining claims are arbitrated.
22. 22. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by email, through the dashboard, or by posting an updated version with a new effective date, before the changes take effect where required by law. Your continued use of the Service after the changes become effective constitutes acceptance. If you do not agree to the changes, you must stop using the Service and may cancel under Section 8. Changes do not apply retroactively to disputes arising before their effective date.
23. 23. Miscellaneous
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties' permitted successors and assigns.
- Entire agreement. These Terms, together with our Privacy Policy, DPA, any applicable order or plan details, and any BAA, are the entire agreement between you and us regarding the Service and supersede all prior agreements on the subject. In case of conflict, an executed DPA or BAA controls for the matters it covers.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.
- No waiver. Our failure to enforce any right or provision is not a waiver of it. A waiver is effective only if in writing.
- Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet or telecommunications failures, or third-party service or utility outages.
- Relationship. The parties are independent contractors; nothing creates a partnership, joint venture, agency, or employment relationship.
- Notices. We may give notice by email to your account address or through the dashboard. You give notice to us at legal@ansabell.com.
- Export and compliance. You agree to comply with all applicable export-control, sanctions, and anti-corruption laws in using the Service.
- Headings. Section headings are for convenience only and do not affect interpretation.
24. 24. Contact Us
Ansabell is operated by Haven Technologies, Inc., a Washington State company, located at 2103 Harrison Ave SW, Ste 1034, Olympia, WA 98502.
- Legal and these Terms: legal@ansabell.com
- Privacy: privacy@ansabell.com
- General questions and support: hello@ansabell.com
- Website: https://ansabell.com
Questions about this document? Email legal@ansabell.com.