BlueSentry Software Terms of Service

1. Agreement

These BlueSentry Software Terms of Service ("Terms") are a binding agreement between AVAIRY Forensic Solutions, LLC ("AVAIRY," "we," "us," or "our") and the organization or person that subscribes to or uses BlueSentry ("Customer," "you," or "your"). By signing an order form, clicking to accept, or accessing or using BlueSentry, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind it. These Terms, together with any order form, and our Privacy Policy and Data Processing Agreement (where applicable), form the entire agreement for BlueSentry.

2. Definitions

• "BlueSentry" / "Service" — AVAIRY's AI call-triage software that answers, understands, triages, and routes calls on a Customer's non-emergency line, and related features.
• "Customer Data" — data submitted to, or generated through, the Service by or for Customer, including call recordings, transcripts, caller phone numbers, routing records, and contact data.
• "Authorized Users" — Customer's personnel authorized to access the Service.
• "Order" — an order form, quote, or online signup describing the plan, fees, and term.

3. The service & license

Subject to these Terms and payment of applicable fees, AVAIRY grants Customer a non-exclusive, non-transferable, revocable right to access and use BlueSentry during the subscription term for Customer's internal business and governmental operations. AVAIRY may update, improve, or modify the Service from time to time. Features identified as beta, pilot, or evaluation are provided "as is" and may be changed or discontinued.

4. Orders, fees & payment

• Fees. Customer pays the fees stated in the applicable Order. Unless stated otherwise, fees are billed in advance and are non-refundable except as expressly provided.
• Usage charges. Certain usage (for example, telephony minutes, messages, or AI processing) may incur additional charges as described in the Order.
• Renewal. Subscriptions renew for successive terms unless either party gives notice of non-renewal before the end of the then-current term, as stated in the Order.
• Taxes. Fees are exclusive of taxes, which are Customer's responsibility (except taxes on AVAIRY's net income).
• Late payment. Overdue amounts may accrue interest and AVAIRY may suspend the Service for non-payment after notice.

5. Customer responsibilities & acceptable use

Customer is responsible for its Authorized Users and for use of the Service in compliance with law and these Terms. Customer will:

• Configure greetings, disclosures, routing, and escalation appropriately for its operations and jurisdiction;
• Obtain and maintain all consents, notices, and legal authority required for AVAIRY to process Customer Data (including call recording and messaging consents described below);
• Keep credentials secure and promptly report suspected unauthorized access;
• Not use the Service to violate law, infringe rights, transmit unlawful or harmful content, attempt to breach security, reverse engineer the Service, or resell it without authorization;
• Not use the Service as a 911, emergency, or life-safety system (see below).

6. Non-emergency use only

BlueSentry is designed for non-emergency call handling. It is not an emergency notification, dispatch, or life-safety system and must not be used or relied upon to request or receive emergency assistance. Customer is solely responsible for maintaining separate, reliable emergency (911) call handling. AVAIRY is not liable for any outcome arising from use of the Service for emergencies or from reliance on the Service in a life-safety situation.

7. AI & voice; recording

• AI limitations. BlueSentry uses artificial intelligence to interpret and respond to callers. AI can make mistakes and may misclassify, mishear, or mis-route a call. Customer is responsible for human oversight and for configuring escalation of urgent or emergency matters to appropriate personnel or 911.
• Recording & transcription. The Service may record and transcribe calls. Customer is responsible for enabling appropriate disclosures and obtaining any consent required by applicable law, including all-party ("two-party") consent where required, before calls are recorded.
• Voice data. AVAIRY does not create biometric voiceprints for identification from call audio.

8. Messaging & A2P (10DLC)

If Customer uses messaging features, message delivery may occur through GoHighLevel, Twilio, and/or AWS depending on the plan, and is subject to carrier and CTIA A2P 10DLC requirements. Customer is responsible for: obtaining recipients' prior opt-in consent; honoring opt-out (STOP) and help (HELP) requests; maintaining accurate consent records; complying with message-content rules; and completing any required brand/campaign registration attributable to Customer. AVAIRY does not sell or share recipients' mobile opt-in data with third parties for their own marketing.

9. Customer data, privacy & CJIS

• Ownership. As between the parties, Customer owns Customer Data. Customer grants AVAIRY the rights to process Customer Data to provide and support the Service.
• Roles. For Customer Data, Customer is the controller and AVAIRY is a processor / service provider acting on Customer's documented instructions. Where required, the parties will enter a Data Processing Agreement, which governs in case of conflict on data-protection matters.
• Criminal justice data. Where the Service handles criminal justice information, the parties will comply with applicable requirements, which may include the FBI CJIS Security Policy and a CJIS Security Addendum. AVAIRY maintains safeguards designed to support CJIS-aligned handling.
• Return/deletion. On termination, AVAIRY will make Customer Data available for export for a limited period and then delete or de-identify it in the ordinary course, except as required by law.

10. Subprocessors

AVAIRY uses subprocessors to provide the Service, which may include GoHighLevel, Twilio, Amazon Web Services, Retell AI, Cloudflare, and payment processors, as described in our Privacy Policy. AVAIRY remains responsible for subprocessors' performance of the applicable obligations.

11. Availability & support

AVAIRY will use commercially reasonable efforts to make the Service available and to provide support as described in the Order or applicable support policy. The Service may be temporarily unavailable for maintenance, updates, or factors outside AVAIRY's control (including third-party telephony and network outages). Unless an Order states a specific service-level commitment, the Service is provided without a guaranteed uptime.

12. Intellectual property; feedback

AVAIRY and its licensors own all rights in the Service, including software, models, and documentation. No rights are granted except as expressly stated. If Customer provides feedback or suggestions, AVAIRY may use them without restriction or obligation.

13. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service using at least reasonable care, and will use it only to perform under these Terms, except for information that is public, independently developed, or required to be disclosed by law.

14. Warranties & disclaimers

Except as expressly stated in an Order, the service is provided "as is" and "as available," and AVAIRY disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding accuracy, reliability, uptime, or that the service will detect or correctly handle any particular call, message, or emergency.

15. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data. AVAIRY's total aggregate liability arising out of or relating to the service will not exceed the fees paid by Customer for the service in the twelve (12) months preceding the event giving rise to the claim.

16. Indemnification

Customer will defend and indemnify AVAIRY against third-party claims arising from Customer Data, Customer's use of the Service in violation of these Terms or law, or Customer's failure to obtain required consents. AVAIRY will defend Customer against third-party claims that the Service, as provided by AVAIRY, infringes intellectual-property rights, subject to customary exclusions and remedies.

17. Term & termination

These Terms apply for the subscription term stated in the Order and any renewals. Either party may terminate for a material breach not cured within thirty (30) days of notice. AVAIRY may suspend the Service for non-payment, security risk, or unlawful use. On termination, Customer's right to use the Service ends and the data provisions above apply. Fees owed through the effective date of termination remain payable.

18. Governing law & disputes

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-laws rules. The state and federal courts located in Ohio have exclusive jurisdiction, and the parties consent to venue there.

19. General

Neither party may assign these Terms without the other's consent, except to a successor in a merger or asset sale. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is unenforceable, the rest remains in effect. These Terms, the Order, the Privacy Policy, and any DPA are the entire agreement for BlueSentry and supersede prior discussions. Notices will be sent to the contact addresses on the Order or below.

20. Contact

AVAIRY Forensic Solutions, LLC · 121 North Leavitt Road #116, Amherst, OH 44001 · [email protected] · +1.440.597.4600