Terms of Service

These Terms govern use of the SendAvata platform (“Platform”) operated by Terag Inc. (“SendAvata”, “we”). By creating a workspace or an agent account you agree to them. If you are accepting on behalf of a company, you represent that you are authorized to bind it.

1. Who the parties are

Operators are agencies or call marketplaces that create a workspace, configure campaigns and set the per-call prices their agents pay. Agents are licensed individuals who enroll in an Operator’s campaigns, fund a wallet and receive calls. Agents contract with their Operator, not with SendAvata, under the Agent Agreement accepted at signup; SendAvata provides the software and processes wallet transactions on the Operator’s behalf.

2. Fees

• Operators (white-label): a monthly subscription for your workspace (Agency $297/mo or Agency Pro $597/mo with a 7-day free trial, cancellable any month; no setup fee), plus the per-call platform fee shown on your plan, charged on each qualified call — a connected call that reaches the line’s published qualifying duration. Founding-cohort rates are locked for twelve months from workspace creation. Phone numbers ordered through the Platform carry the per-number setup and monthly charges shown at order time.
• Agents: agents on the Avata Network start on the free Agent plan ($0/mo, no seat fee; calls, softphone and agent page) and may optionally upgrade to Agent Pro ($97/mo: CRM, texting and related tools) or Agent Premium ($250/mo: adds the dialer, quoting and policy tracking); Agent Pro may add the dialer for $80/mo. Dialer minutes are included in the plan or add-on, with no per-minute charge. Paid agent plans have no free trial: they are billed when you upgrade and are cancellable any month, keeping access until the end of the paid period; agents invited by an Operator are covered by that Operator’s plan. Separately, agents are charged the campaign price only for a connected call — a call answered by the agent that reaches the qualifying duration the Operator has published for that line (“$X / N seconds”). Calls that end before the qualifying duration and no-answers are not charged.
• Payment processing fees charged by the Operator’s payment provider (Whop, Stripe) are passed through as disclosed at checkout.

3. Wallets, finality of charges and disputes

Agent wallets are prepaid balances held with the Operator’s payment provider. Every top-up, charge, waiver and credit is recorded in an append-only ledger visible to both the Agent and the Operator.

Deposits are final. Wallet top-ups, subscription fees, number charges and platform fees are earned when processed and are non-refundable to the maximum extent permitted by law. Wallet balances are store credit for calls on the Platform: they are not withdrawable, transferable or redeemable for cash, and are not refunded to a card or bank account, on termination or otherwise.

Qualified calls are final. Every line publishes a price and a qualifying duration (“$X / N seconds”). A call that is connected to the Agent and reaches the qualifying duration is billable, earned, final and non-refundable, and is not eligible for dispute. A call that ends before the qualifying duration is not charged. Only where a charged call was mis-delivered — wrong vertical, duplicate within the posted window, disconnected on connect, language mismatch, caller under 18, no consent record, bot or non-human caller, or a routing error — may the Agent open a dispute from the portal within 72 hours of the call, with the recording attached. The Operator reviews disputes in good faith against those grounds and issues a written decision through the Platform within 5 business days. An upheld dispute is settled as a wallet credit, never as a cash refund. The Operator’s decision is final between the parties except as required by non-waivable consumer-protection law.

Chargebacks. You agree to use the in-Platform dispute process, and to allow at least five business days for a decision, before initiating any chargeback, ACH return or processor dispute. Initiating an external dispute before exhausting that process is a material breach; the Operator and SendAvata may contest it with call records and recordings and may suspend the account and offset the disputed amount against any balance.

Negative balances. If a wallet balance falls below zero, the account is locked — no lines may be turned on and no calls are routed — until the outstanding amount is settled from the next deposit.

4. Compliance

Operators are solely responsible for the legality of their campaigns, including TCPA, state telemarketing and insurance-licensing requirements, DNC compliance, and the accuracy of caller data they route. Do-not-call: SendAvata does not provide the National Do-Not-Call Registry, does not require or maintain an FTC registry subscription on anyone’s behalf, and does not scrub lists against it. Obtaining any required registry access (including an FTC subscription account number) and scrubbing every list before calling or texting is the Operator’s and Agent’s sole responsibility. Do-not-call, STOP, calling-hour and other compliance features in the Platform are aids only; they may be incomplete or out of date, do not guarantee compliance, and are not legal advice. Consult your own attorney about the laws that apply to you. Agents must be at least 18 and hold every licence required to sell the products they intend to sell, in each state where they accept calls. Agents are solely responsible for obtaining and maintaining those licences and appointments, for accepting calls only in states where they are licensed and appointed, and for not misrepresenting their identity, licensure, or carrier affiliation. SendAvata does not independently verify licensure; we rely on the attestation each agent makes at signup, which we record with the date and IP address. We may suspend or terminate an account at any time for a lapse in licensure, suspected fraud, consumer complaints, or conduct that exposes us or our traffic partners to regulatory risk.

5. Recordings

Calls may be recorded by the Operator’s telephony provider. Operators are responsible for obtaining any consent required by law. Recordings are made available to Agents for dispute purposes and retained according to the Operator’s configuration.

6. Acceptable use

No reverse engineering, scraping, credential sharing, or use of the Platform to compete with SendAvata. No campaigns involving deceptive practices, unlicensed financial or medical advice, or content that violates a payment provider’s terms.

7. Availability

We target 99.9% monthly uptime for the bidding endpoint and publish live status at sendavata.com/status. Scheduled maintenance is announced in advance. The Platform is provided “as is”; our aggregate liability to any party is limited to the platform fees paid in the preceding three months.

8. Termination

Either party may terminate at any time. On termination, Operators may export their data for 30 days; unused agent wallet balances remain available as call credit for 90 days and are then forfeited; they are not paid out.

9. Changes

We will give 30 days’ notice of material changes by email to the workspace owner. Continued use after the effective date is acceptance.

10. Contact

Terag Inc. · 5521 SW 2nd Court, Plantation, FL 33317 · legal@sendavata.com. Florida law governs; venue is Broward County, Florida.