Terms of Service

Effective Date: March 19, 2026 · Last Updated: March 24, 2026 · MAC Software Solutions LLC

Please read these Terms of Service carefully before using Availon. By accessing or using our service, you agree to be bound by these terms. If you do not agree, do not use the service.

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Availon, an AI-powered receptionist service operated by MAC Software Solutions LLC ("Company," "we," "us," or "our"). By creating an account, completing onboarding, or using any portion of our services, you agree to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and MAC Software Solutions LLC.

2. Description of Service

Availon provides AI-powered missed call text-back, appointment booking, and customer communication services for local service businesses. Our service includes:

Availon is a communication and scheduling tool. It is not an answering service, emergency response service, or guaranteed revenue generation platform. Results vary based on business type, call volume, configuration, and other factors outside our control.

3. Eligibility

You must be at least 18 years old and operate a legitimate business to use Availon. By using our service, you represent that you have the authority to bind your business to these Terms and that your use of Availon complies with all applicable laws in your jurisdiction.

4. Subscription and Payment

4.1 Plans

Availon offers two subscription tiers: Core ($99/mo) and Pro ($199/mo). Core includes 1 dedicated line and 1 calendar connection. Pro includes 3 dedicated lines, 3 calendar connections, and additional features including after-hours emergency dispatch. Plan details and features are described at availon.ai. Additional lines may be added to either plan for an additional monthly fee. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

4.2 Billing

Subscriptions are billed monthly in advance. You authorize us to charge your payment method on a recurring basis. Fees are charged at the start of each billing period and cover the upcoming month of service.

4.3 Trial Periods

If you receive a free trial or beta access, your subscription will automatically begin at the end of the trial period unless cancelled beforehand. Beta access is provided at our sole discretion and may be withdrawn at any time.

4.4 Fair Use

Availon plans are designed for single-location small businesses. Accounts showing usage patterns consistent with multi-location or enterprise operations may be contacted to discuss appropriate pricing.

4.5 Cancellation

You may cancel your subscription at any time from your billing portal. Cancellation takes effect at the end of your current billing period. You will retain access to the service until that date. We are not responsible for any business impact resulting from cancellation.

4.6 Refund Policy

Days 1–15 of billing period: If you cancel within the first 15 days of a billing period, you are eligible for a prorated refund for the unused days remaining in that period. Refunds are calculated based on the number of days remaining divided by the total days in the billing period, applied to your subscription fee.

Day 16 and beyond: No refund is issued for cancellations made on day 16 or later in a billing period. Your access continues through the end of the paid period.

All cancellations: Regardless of timing, cancellations take effect at the end of the current billing cycle. Your service remains active and you retain full access until that date.

Refund requests must be submitted to billing@availon.ai. We process eligible refunds within 5–10 business days. Refunds are returned to the original payment method. Beta access and free trial periods are not eligible for refunds. MAC Software Solutions LLC reserves the right to deny refund requests in cases of Terms of Service violations or abuse.

5. AI-Generated Content and Accuracy

5.1 Nature of AI Responses

Availon uses artificial intelligence to generate responses on your behalf. AI-generated responses may contain errors, omissions, inaccuracies, or inappropriate content. The AI does not have judgment, legal authority, or business knowledge beyond what is provided in your account configuration.

5.2 No Guarantee of Accuracy

MAC SOFTWARE SOLUTIONS LLC MAKES NO WARRANTY THAT AI-GENERATED RESPONSES WILL BE ACCURATE, APPROPRIATE, OR SUITABLE FOR YOUR BUSINESS. You are solely responsible for monitoring your AI receptionist's conversations, reviewing the inbox regularly, and correcting or overriding AI responses as necessary.

5.3 Booking and Scheduling Disclaimer

Availon may book, cancel, or reschedule appointments on your behalf based on AI interpretation of customer messages and calendar availability. MAC Software Solutions LLC is not responsible for double bookings, incorrect appointment times, missed appointments, or any business or financial consequences resulting from AI scheduling actions. You are solely responsible for confirming appointments and honoring commitments communicated through the platform.

5.4 Customer Communications

All AI-generated messages are sent on your behalf and under your business name. You are legally responsible for all communications sent through your Availon account, including AI-generated responses. We are not responsible for customer disputes, misunderstandings, or legal claims arising from AI-generated content.

6. SMS Messaging, Consent & Compliance

6.1 SMS Opt-In and Customer Consent

How end customers opt in to receive SMS messages: When a customer places an inbound telephone call to a business that uses Availon and that call goes unanswered, the act of initiating that inbound call constitutes the customer's express consent to receive a single automated SMS reply from that business. Availon only contacts individuals who have first called the business — no outbound cold messaging is ever initiated. The customer initiates all contact. This consent mechanism applies to the initial text-back message sent in direct response to the customer's inbound call. Subsequent messages within the same conversation thread are sent only in response to the customer's own replies, maintaining an ongoing conversational exchange that the customer controls.

By calling a business that uses Availon's AI receptionist service, end customers consent to receive automated SMS text messages from that business in response to their missed call. Message frequency varies based on the customer's level of engagement. Message and data rates may apply. Customers may reply STOP at any time to unsubscribe immediately from all further messages.

6.2 Types of Messages Sent

Availon sends the following categories of SMS messages on behalf of subscribers:

All messages are sent on behalf of and under the name of the subscribing business. Every initial message includes STOP opt-out instructions. No messages are sent for marketing or promotional purposes unrelated to the customer's inbound call or active appointment.

6.3 Your Legal Responsibility

You are solely responsible for ensuring your use of Availon complies with all applicable federal, state, and local laws governing SMS communications, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all applicable state regulations. MAC Software Solutions LLC shall not be liable for any regulatory fines, penalties, class action claims, or legal proceedings arising from your use of the platform.

6.4 Subscriber Consent Representation

By using Availon, you represent and warrant that you have a lawful basis to send text messages to all recipients contacted through the platform. You acknowledge that Availon sends messages to callers based on call forwarding triggers and that you have reviewed and accept responsibility for the legal basis of this messaging approach in your jurisdiction.

6.5 Opt-Out Compliance

Availon automatically processes opt-out requests. When a customer replies STOP, UNSUBSCRIBE, CANCEL, END, or QUIT, they will be immediately removed from further automated messages and will receive a single confirmation message: "You have been unsubscribed from [Business Name]. No further messages will be sent. Reply START to resubscribe." You must not attempt to circumvent these opt-out mechanisms. Violation of opt-out requirements may result in immediate account termination.

6.6 Business Hours Compliance

You are responsible for configuring appropriate business hours in your dashboard. Per Oklahoma law and TCPA guidelines, automated messages should not be sent before 8:00 AM or after 9:00 PM in the recipient's local time zone. MAC Software Solutions LLC provides business hours controls as a convenience feature but does not guarantee compliance with all applicable laws across all jurisdictions.

6.7 Prohibited Use

You may not use Availon to send spam, unsolicited marketing messages, illegal content, or messages to people who have no prior relationship with your business. You may not use our service for harassment, fraudulent purposes, or any unlawful activity.

7. Call Forwarding and Service Dependencies

7.1 Call Forwarding Is Your Responsibility

Availon's core functionality depends entirely on call forwarding being properly configured and maintained by the subscriber on your existing phone number. MAC Software Solutions LLC has no control over your phone carrier's call forwarding functionality, carrier policies, or network conditions. We are not responsible for missed calls, failed text-backs, or any business impact resulting from call forwarding failures, carrier outages, configuration errors, or subscriber inaction.

7.2 Third-Party Service Dependencies

Availon relies on third-party services including but not limited to Twilio (SMS and phone), Google (Calendar integration), Microsoft (Calendar integration), and Anthropic (AI processing). MAC Software Solutions LLC is not responsible for service outages, errors, policy changes, or disruptions caused by these third-party providers. Service availability is subject to the uptime, terms, and policies of these providers, which may change without notice.

7.3 No Uptime Guarantee

We strive to maintain high availability but do not guarantee uninterrupted service. Planned maintenance, third-party outages, and technical issues may cause temporary service disruptions. We are not liable for any business impact resulting from service downtime.

8. Emergency Dispatch Feature

8.1 Communication Tool Only

The Emergency After-Hours Dispatch feature available on the Pro plan is a communication and notification tool only. It is designed to relay customer messages and alert designated on-call contacts. MAC Software Solutions LLC does not dispatch emergency services, does not guarantee delivery or response times, and assumes no responsibility for outcomes related to emergency situations.

8.2 Not a Substitute for Emergency Services

AVAILON IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES. IN ANY LIFE-THREATENING EMERGENCY, CALL 911 IMMEDIATELY. Subscribers are solely responsible for ensuring their designated on-call personnel are available, responsive, and equipped to handle emergency situations. We are not liable for property damage, personal injury, or any other harm arising from the use or failure of the Emergency Dispatch feature.

8.3 Rate Confirmation Disclaimer

The Emergency Dispatch feature may communicate your configured after-hours service rate to customers. You are solely responsible for ensuring your configured rates are accurate, legally compliant, and honored by your business. We are not responsible for customer disputes arising from rate communications.

9. Phone Numbers

Availon provisions dedicated local phone numbers for your account. These numbers are leased from our telecommunications provider (Twilio) and remain the property of that provider. If your account is cancelled or terminated, numbers may be released and reassigned. We are not responsible for any business impact, customer confusion, or revenue loss resulting from number changes or reclamation by the carrier.

10. Data and Privacy

Your use of Availon is governed by our Privacy Policy at availon.ai/privacy. We collect and process data as described in that policy. Additional business information, including your Employer Identification Number (EIN) and business address, is collected for carrier compliance purposes as described in the Privacy Policy. Customer conversation data is stored securely and isolated per business account. In the event of a data security incident, MAC Software Solutions LLC's total liability shall not exceed the subscriber's fees paid in the three months preceding the incident. You acknowledge that no security system is impenetrable and that absolute data security cannot be guaranteed.

11. Intellectual Property

Availon and all associated intellectual property are owned by MAC Software Solutions LLC. You retain ownership of your business data and customer conversations. You grant us a limited, non-exclusive license to use your data solely to provide and improve the service. We do not sell your customer data to third parties.

12. No Guarantee of Business Results

MAC SOFTWARE SOLUTIONS LLC MAKES NO REPRESENTATION OR WARRANTY THAT USE OF AVAILON WILL RESULT IN INCREASED REVENUE, CAPTURED LEADS, BOOKED APPOINTMENTS, CUSTOMER RETENTION, OR ANY OTHER SPECIFIC BUSINESS OUTCOME. Availon is a tool — results depend on your business, your market, your call volume, and many factors outside our control. We expressly disclaim any liability for lost revenue, lost customers, lost business opportunities, or unrealized expectations regardless of cause.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAC SOFTWARE SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF AVAILON SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO MAC SOFTWARE SOLUTIONS LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Disclaimer of Warranties

AVAILON IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAC SOFTWARE SOLUTIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

SMS DELIVERY IS SUBJECT TO CARRIER POLICIES, NETWORK CONDITIONS, AND FACTORS OUTSIDE OUR CONTROL. WE DO NOT WARRANT DELIVERY OF ANY SPECIFIC MESSAGE.

15. Indemnification

You agree to defend, indemnify, and hold harmless MAC Software Solutions LLC, its officers, directors, employees, agents, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Availon shall be resolved by binding arbitration in Oklahoma City, Oklahoma, under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.2 Class Action Waiver

YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST MAC SOFTWARE SOLUTIONS LLC. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

16.3 Opt-Out Right

You may opt out of arbitration by sending written notice to support@availon.ai within 30 days of first agreeing to these Terms. If you opt out, disputes shall be resolved exclusively in the state or federal courts located in Oklahoma County, Oklahoma.

16.4 Small Claims Exception

Either party may bring an individual claim in small claims court in Oklahoma County, Oklahoma, provided the claim qualifies and remains in small claims court.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Oklahoma County, Oklahoma.

18. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email and through the dashboard at least 14 days before changes take effect. Your continued use of Availon after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription before the effective date.

19. Termination

We reserve the right to suspend or terminate your account immediately and without notice if you violate these Terms, engage in fraudulent activity, violate SMS compliance laws, use Availon in a manner that harms other users or our service, or for any other reason at our sole discretion. Upon termination, your access to the service will cease and your data may be deleted after 30 days. We are not liable for any business impact resulting from account termination.

20. SMS Communications and Consent

Availon provides an automated SMS text-back service on behalf of business subscribers. The following terms govern all SMS communications sent through the Availon platform.

How Consent Is Obtained

SMS consent is obtained through a two-step process. When a consumer calls a business using Availon and the call goes unanswered, the consumer receives a single automated opt-in request identifying the business by name. The consumer must reply YES to provide express written consent before any further messages are sent. No AI conversation, booking flow, or further messaging occurs until the consumer affirmatively replies YES.

Message Frequency

One opt-in request per missed call. After consent is given, additional messages only occur if the consumer continues the conversation by replying.

Required Disclosures

Every initial message includes: business name identification, opt-out instructions (Reply STOP to unsubscribe), and message and data rates disclosure.

Opt-Out

Consumers may opt out at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, or QUIT. Opt-out is honored immediately. No further messages are sent after opt-out. Consumers may re-subscribe by replying START or UNSTOP.

Help

Reply HELP for assistance or contact support@availon.ai.

No Cold Messaging

Availon never initiates outbound contact to consumers who have not first placed an inbound call to a business subscriber's advertised number. All messaging is responsive only.

Business Subscriber Obligations

Business subscribers agree to use Availon solely for follow-up communication with consumers who have called their business. Outbound cold messaging using the Availon platform is prohibited and grounds for immediate account termination.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MAC Software Solutions LLC regarding your use of Availon and supersede all prior agreements, understandings, or representations, whether oral or written.

23. Contact

For questions about these Terms or to submit a refund request, contact us at:

MAC Software Solutions LLC
11220 Arbor Lake Drive
Oklahoma City, OK 73170
support@availon.ai · billing@availon.ai

These Terms of Service were last updated March 24, 2026. This document is provided for informational purposes and does not constitute legal advice. MAC Software Solutions LLC recommends consulting a licensed attorney for legal guidance specific to your situation.

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