Terms of Service

1. Acceptance of Terms

By accessing or using Destiny ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. These terms constitute a legally binding agreement between you and Tavernix LLC ("Tavernix," "we," "us," or "our").

2. Description of Service

Destiny is a cloud-based voice and SMS automation platform that enables businesses to automate inbound and outbound communications, including phone calls, appointment reminders, lead follow-up, and customer outreach campaigns. The Service is accessed via the internet and provided on a subscription basis.

3. Account Registration and Responsibilities

You must provide accurate, complete, and current information when creating an account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account. Tavernix is not liable for any loss or damage arising from your failure to maintain account security.

4. Acceptable Use

Your use of Destiny is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the Acceptable Use Policy may result in immediate account suspension or termination.

5. Payment Terms

Destiny is billed on a subscription basis. By subscribing, you authorize Tavernix to charge your payment method on a recurring basis at the applicable plan rate.

All fees are non-refundable. There are no refunds for partial billing periods or unused service within a billing cycle. If you cancel your subscription, access to the Service continues through the end of the current billing period, after which your account will be deactivated.

6. Service Availability

Tavernix will make reasonable efforts to maintain the availability and performance of the Service. However, we do not guarantee any specific level of uptime. No Service Level Agreement (SLA) is provided on standard plans. Scheduled maintenance, third-party outages, and force majeure events may affect availability without liability to Tavernix.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to the data practices described in our Privacy Policy.

8. Call Recording Disclosure

The Service may be used to record telephone calls. Laws regarding call recording consent vary by jurisdiction. You are solely responsible for ensuring that all parties to a recorded call are properly notified of and, where required, have consented to the recording, in compliance with applicable federal, state, and local laws.

Tavernix does not provide legal advice and is not responsible for your compliance with call recording laws.

9. TCPA Compliance

Customers are solely responsible for ensuring that all outbound calling and SMS campaigns conducted through the Service comply with the Telephone Consumer Protection Act (TCPA), FCC regulations, and all applicable federal, state, and local laws governing telephone and text message communications.

This includes obtaining proper prior express written consent from all contacts before initiating automated calls or texts, maintaining and honoring Do Not Call lists, and adhering to applicable calling hour restrictions. Tavernix provides the technology platform only and does not provide legal compliance advice.

10. Intellectual Property

Destiny, its underlying platform, software, design, and all associated intellectual property are owned by Tavernix LLC. These Terms do not grant you any ownership rights in the Service. You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Service without our express written permission.

11. Termination

Tavernix reserves the right to suspend or terminate your account at any time, without notice, if we determine that you have violated these Terms, the Acceptable Use Policy, or any applicable law. Upon termination, your right to use the Service ceases immediately.

You may cancel your account at any time through the account settings or by contacting support. Cancellation takes effect at the end of your current billing period.

12. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, Tavernix disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will Tavernix be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service, even if Tavernix has been advised of the possibility of such damages.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York.

14. Contact

For questions about these Terms of Service, please contact us at [email protected].