Terms & Conditions

Effective Date: November 5, 2025

1. Acceptance of Terms

By accessing and using Kaizen IVA's website and Intelligent Voice Agent services (collectively, "Services"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Services.

2. Our Commitment to Quality and Integrity

Kaizen IVA is founded on principles of continuous improvement, professional excellence, and ethical conduct. We are committed to:

• Quality: Delivering voice automation systems that meet the highest standards of accuracy, reliability, and performance
• Integrity: Conducting business with honesty, transparency, and respect for all stakeholders
• Security: Protecting client data and maintaining strict confidentiality protocols
• Compliance: Adhering to all applicable laws, regulations, and industry standards including HIPAA, TCPA, and privacy regulations
• Continuous Improvement: Following kaizen principles to systematically enhance our services and processes

3. Services Description

Kaizen IVA provides Intelligent Voice Agent systems for client triage, routing, self-service, and human handoff across telephony and web channels. Our services include:

• Design, development, and deployment of conversational AI systems
• Dialog management and natural language understanding
• System integration with client back-end systems
• Analytics, monitoring, and continuous optimization
• Training and support services

Demo agents displayed on this website are examples of our capabilities and may not represent production implementations.

4. Professional Standards

Kaizen IVA maintains rigorous professional standards:

• Expert Team: Our team has built telephony systems since 1989 and possesses deep expertise in IVR, voice automation, and AI-assisted dialog systems
• Proven Track Record: Experience serving government agencies, healthcare institutions, and major corporations
• Methodical Approach: Systematic requirements gathering, design reviews, testing protocols, and post-deployment tuning
• Documentation: Comprehensive documentation of system design, dialog flows, integration specifications, and operational procedures

5. Client Responsibilities

Clients engaging our services agree to:

• Provide accurate information and timely feedback
• Designate appropriate personnel for project coordination
• Ensure necessary system access and technical resources
• Comply with applicable laws and regulations in their use of our services
• Maintain confidentiality of proprietary information and system credentials

6. Privacy and Data Protection

Our handling of personal information is detailed in our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• We collect only necessary information to provide and improve our Services
• Data is protected using industry-standard security measures
• Personal information is not sold or shared except as required for service delivery or by law
• Clients retain ownership of their data
• Data handling complies with applicable privacy regulations

7. Recording, Consent, and Opt-In/Opt-Out Policies

By using our Intelligent Voice Agent services, you acknowledge and consent to:

• Recording: All conversations with our Intelligent Voice Agents may be recorded and stored electronically for quality assurance, training, analytics, and compliance purposes
• Automatic Opt-In: You automatically opt-in to receive SMS and email notifications from Kaizen IVA and its clients when you use our services
• Third-Party Processing: Voice data is processed using third-party AI services (including ElevenLabs)
• Data Retention: Recordings are retained according to client requirements and legal obligations
• Privacy Policy: Your information is kept securely and confidentially as described in our Privacy Policy

Right to Opt-Out:

• If you do not wish to have your conversations recorded, please refrain from using this service
• To opt out of SMS and email notifications, visit www.kaizeniva.com/Opt-out.html
• You may also call 949-243-0088 to request opt-out
• You may request information about or deletion of your recordings per our Privacy Policy

8. Intellectual Property

All content, design elements, software, and methodologies used in our Services are protected by intellectual property rights owned by Kaizen IVA or our licensors. Clients receive license rights as specified in their service agreements but do not acquire ownership of underlying intellectual property.

9. Service Level and Performance

While we strive for excellence, we make no guarantee of uninterrupted or error-free service. Performance metrics, uptime commitments, and support provisions are detailed in individual client service agreements. We commit to:

• Prompt response to service issues
• Regular system monitoring and maintenance
• Continuous optimization based on analytics and feedback
• Transparent communication about system status and issues

10. Limitation of Liability

To the maximum extent permitted by law:

• Kaizen IVA shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the fees paid by the client for the specific service giving rise to the claim
• We are not responsible for third-party service failures or force majeure events
• Clients are responsible for their own business decisions based on system outputs

11. Third-Party Services

Our Services may integrate with or utilize third-party platforms and services (such as ElevenLabs for voice AI). We select reputable providers but are not responsible for their services, policies, or practices. Third-party terms and privacy policies apply to those services.

12. Compliance and Legal Requirements

Clients must ensure their use of our Services complies with:

• Telephone Consumer Protection Act (TCPA) for automated calling
• Health Insurance Portability and Accountability Act (HIPAA) for healthcare data
• Americans with Disabilities Act (ADA) accessibility requirements
• State and federal privacy laws
• Industry-specific regulations applicable to their operations

13. Termination

Either party may terminate service agreements according to terms specified in those agreements. Upon termination:

• Clients retain access to their data as specified in the agreement
• We will cooperate in reasonable transition activities
• Confidentiality obligations continue beyond termination
• Payment obligations for services rendered remain in effect

14. Indemnification

Clients agree to indemnify Kaizen IVA against claims arising from:

• Client's violation of these Terms or applicable laws
• Client's content, data, or use of the Services
• Infringement of third-party rights by client materials
• Unauthorized access to systems due to client security failures

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of Services after changes constitutes acceptance. For material changes affecting active client agreements, we will provide reasonable notice.

16. Dispute Resolution

Any disputes arising from these Terms or use of our Services shall be:

• First addressed through good-faith negotiation
• If unresolved, submitted to mediation before pursuing litigation
• Governed by California law without regard to conflict of law principles
• Subject to exclusive jurisdiction of courts in California

17. Professional Ethics

Kaizen IVA adheres to the highest ethical standards:

• We do not engage in deceptive practices or misrepresentation
• We maintain strict confidentiality of client information
• We avoid conflicts of interest and disclose any potential conflicts
• We respect intellectual property rights and licensing obligations
• We promote accessibility and inclusive design principles

18. Warranty Disclaimer

Services are provided "as is" without warranties of any kind, express or implied. We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. However, we stand behind the quality of our work and commit to addressing issues promptly and professionally.

19. Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and Kaizen IVA regarding use of our Services, superseding any prior agreements or understandings.

20. Contact Information

For questions about these Terms or our Services:

Kaizen IVA
Email: info@kaizeniva.com
Website: www.kaizeniva.com
Phone: 949-243-0088 (for opt-out requests and general inquiries)

21. Accessibility Commitment

Kaizen IVA is committed to making our Services accessible to all users. We design systems with accessibility in mind and welcome feedback on how we can improve. If you encounter accessibility barriers, please contact us at accessibility@kaizeniva.com.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.