Website Concierge Terms of Service

1.Terms, electronic acceptance and defined terms

1.1These Terms of Service (Terms) govern the identified service between OneHolo, Inc. (OneHolo) and the legal customer shown in the checkout Order (Customer, or you). You accept by actively selecting the checkbox linked to this specific version and submitting the Order through the stated acceptance button. The contract (Agreement) is formed when OneHolo records and issues an electronic acceptance identifying that Order. OneHolo may issue that acceptance automatically for an eligible standard Order; no separate DocuSign envelope, handwritten signature or OneHolo countersignature is required. An organizational representative confirms authority to bind that organization, not a personal guaranty. Merely browsing, making an inquiry, receiving a demonstration or interacting with an AI is not acceptance.

1.2Order means the complete, versioned checkout summary accepted by you and confirmed by OneHolo, including the selected product, customer identity, scope, one-time and recurring charges, taxes, usage allowance, any overage cap, billing start and time zone, renewal terms, and expressly identified schedules or statement of work supplied before acceptance. Deployment Details means the completed, versioned description of enabled functions, permissions, data categories, providers, processing locations, retention, support and acceptance criteria supplied with that Order. Services means only what that Order purchases. Customer Data includes materials submitted by or for Customer and customer-specific interaction records created in providing Services. A Security Incident is confirmed unauthorized access to, acquisition, use, disclosure, alteration or destruction of Customer Data in OneHolo-controlled or subprocessor systems; unsuccessful attacks alone are not a Security Incident.

1.3Business Day means Monday through Friday, excluding United States federal holidays. Other days are calendar days. A Billing Period is the monthly interval from the recorded billing start timestamp to immediately before its next monthly anniversary, using the last day of a month lacking that date. The Order states the billing time zone and actual first charge and renewal dates. Activation is the documented release of the purchased production service after the agreed acceptance and data-approval checks. Acceptance of these Terms, collection of payment details or a test login is not, by itself, approval of the implemented service or authorization to start subscription billing.

2.Website Concierge scope and commercial terms

2.1OneHolo will provide an AI Website Concierge for the single website identified in the Order. The service uses Customer-approved pages, FAQs, documents, scripts, business information and escalation instructions to answer routine questions, guide visitors to approved resources, capture ordinary inquiries, and direct them to forms, booking links or Customer personnel. It does not make binding offers, approve refunds or perform regulated professional decisions unless a separately approved lawful workflow expressly provides for a human decision.

2.2The subscription is $99 per month for one website and includes standard configuration, hosting of the concierge service, routine knowledge-base updates within the normal product workflow, and 250 live-avatar conversational minutes per Billing Period. Only connected live voice or avatar sessions count as conversational minutes; ordinary text-only interaction is included under reasonable fair use and is not assigned a fabricated time charge. Additional sites, custom integrations, avatar development, complex migration, telephone/SMS service, third-party platforms and custom development require separate purchase.

2.3Customer will provide an authorized embed location, CMS or tag-manager cooperation and a designated website contact. OneHolo is responsible for the supplied embed and its configuration; Customer and its website provider remain responsible for the underlying website, host, plugins, content, accessibility outside the embed and code changes they make. Each party must use reasonable care to avoid disrupting the other's work. An unsupported browser, host block or CMS failure is not automatically a OneHolo breach, but OneHolo will reasonably assist diagnosis within purchased support.

2.4Customer must approve the information used to generate responses, maintain a monitored lead-routing address and respond to visitors. The deployment must distinguish a request from a confirmed booking or purchase. OneHolo will not publish new prices, claims, guarantees or staff identities merely because an unreviewed page or prompt contains them. The standard website service is for general business information and ordinary leads; healthcare websites do not become PHI-approved by installing the widget.

3.Implementation, acceptance and change control

3.1Before production use, the parties will identify an approved content set, administrator, human escalation contact, permitted data categories, channels, operating locations and any system actions the AI may perform. Customer will supply timely approvals and authorized access through a secure method, not by placing passwords in the Order or a chat transcript. OneHolo will use reasonable skill and care in configuration, installation work within scope, and testing against the written acceptance criteria.

3.2OneHolo will notify Customer when the configuration is ready for review. Customer has 10 Business Days to test and identify reproducible material deviations from the agreed criteria. OneHolo will correct deviations within a reasonable agreed period and submit affected items for retesting. Production activation and the recurring billing start require written acceptance, including authenticated account approval. Silence, a demonstration, a test login or vendor availability is not deemed acceptance. Customer-caused delay permits schedule revision after notice, not automatic subscription billing. Separately authorized work actually performed remains payable.

3.3Neither party must perform an unpriced expansion. A change order must identify the additional work, dependencies, price, usage effect, revised dates and acceptance criteria before work begins. Routine corrections within the purchased scope are not separately chargeable custom development. Customer remains responsible for approvals within its control; OneHolo remains responsible for errors in its own implementation. Neither party may guarantee a third-party integration before technical review.

4.Metering, allowances and spending controls

4.1A conversational minute is 60 seconds of connected live voice or avatar interaction. Metering begins when the interactive session is connected and available to the end user and stops on disconnection or the configured inactivity timeout. Queue time, pre-connection failures, duplicate billing events and OneHolo-only internal tests are not billable. Concurrent valid sessions count separately. Billable seconds are aggregated for each allowance and Billing Period, divided by 60 and rounded up once to the next whole minute, rather than rounding each interaction. OneHolo will correct verified metering errors and service-failure charges.

4.2Included allowances have no cash value and do not roll over or transfer between unrelated accounts. The applicable product section specifies the allowance, whether it is shared, and which interactions count. OneHolo will provide a reasonable usage record showing the period, allowance, metered usage, credits and approved overage. Records need not expose another user's protected content to a billing administrator.

4.3The standard overage rate is $0.50 per additional conversational minute. An approved promotional or committed-volume rate of $0.35 per additional conversational minute applies only when the accepted Order expressly identifies the $0.35 rate, the applicable website/customer, period or volume condition, and the authorized spending cap. The promotional/volume rate is not automatic and does not replace the standard rate outside that accepted scope. Paid overage is otherwise disabled by default and requires a maximum additional dollar amount. At the included allowance plus the approved limit, OneHolo will stop the metered feature or provide a nonmetered fallback rather than incur unapproved charges. OneHolo bears amounts above the authorized cap caused by its metering or enforcement delay. The stated additional-dollar cap includes any applicable tax on additional usage charges.

4.4OneHolo will provide notices at approximately 80% and 100% of the included allowance where reliable contact details are available. These notices do not increase the approved cap. Reasonable fair-use controls address malicious bots, scraping, denial-of-service activity, unauthorized automation or a documented threat to other customers; they do not create an undisclosed surcharge or convert included text use into paid avatar minutes. Material ongoing concurrency or rate limits must be disclosed in the Order.

5.Payment, taxes, invoices and price changes

5.1Recurring charges are billed monthly in advance from the approved billing start; authorized overages are billed in arrears. One-time fees are billed only at the amounts and milestones in the Order. Before any payment is initiated, the applicable Terms and required payment-specific consents must be affirmatively accepted and recorded. A separate, initially unchecked recurring-payment choice is required before establishing automatic charges. Payment-card and banking details are provided only through the designated payment provider, not in contract text or ordinary messages. A payment-provider authorization does not expand the scope, cap or recurring amount. No subscription charge is collected before the implementation acceptance and activation conditions in Section 3 are satisfied; separately approved setup milestones may be paid earlier as expressly disclosed.

5.2Prices are in United States dollars. Customer pays applicable transaction taxes disclosed before purchase, excluding taxes on OneHolo's net income, property or personnel. Any legally required price-inclusive display remains controlling. Optional modules, telecommunications, SMS/carrier charges, payment-processing fees, hardware, shipping, travel and vendor subscriptions are additional only when identified and approved; OneHolo may not pass through an undisclosed vendor-cost increase retroactively.

5.3Unless the Order states an agreed invoice due date, undisputed invoiced amounts are due within 15 days of invoice. Customer should report an apparent error within 30 days and pay the undisputed balance. A later valid statutory claim or demonstrated billing error is not waived merely because that review period elapsed. The parties will exchange reasonably necessary records and seek a good-faith resolution. OneHolo will not suspend solely for an amount subject to a documented good-faith dispute while undisputed amounts are current. No collection fee, late interest or acceleration of future monthly charges is imposed by this standard form.

5.4OneHolo may change future recurring prices or the overage rate only prospectively by direct notice at least 30 days before the first affected charge, with the new price, effective date and cancellation method. Where applicable law requires a notice within a shorter specified window, OneHolo will also give that notice within the required window. A fixed price for a committed term cannot be increased during that term unless the accepted Order expressly permits a specified adjustment. Customer can cancel before the increase. Posting revised terms alone is not notice, and a change requiring new consent will not take effect without it.

6.Customer responsibilities and acceptable use

6.1Customer will maintain accurate and lawfully obtained content, review material changes, keep its own business records, supervise authorized users, maintain reasonable device and account security and promptly report suspected compromise. Administrator permissions must be limited to appropriate staff. OneHolo is responsible for its personnel and subprocessors, and Customer is responsible for its personnel; neither party transfers responsibility for its own misconduct to the other.

6.2Customer will not use the Services for fraud, deceptive impersonation, unlawful discrimination, harassment, unauthorized surveillance, malware, interference with other tenants, security bypass, illegal content, or prohibited high-risk decisions. Customer may not resell, sublicense or operate a service bureau without an express reseller agreement. Customer will not reverse engineer protected technology except to the limited extent applicable law permits despite this restriction. Reasonable authorized security testing requires coordinated scope so it does not expose other tenants.

6.3Customer is responsible for the legal basis, notices, permissions and opt-outs for its communications and recordings. An existing business relationship, an AI disclosure or these Terms is not blanket consent to marketing calls, automated outreach, texts or call recording. Outbound campaigns, number ownership, suppression lists, opt-out handling and recording notices must be approved separately before enablement. OneHolo will implement the controls within its purchased scope and honor documented suppression instructions.

7.AI limitations, human oversight and safety

7.1The Services provide operational support, not independent clinical, legal, financial or other licensed professional advice. Generated content can be incomplete, inaccurate, outdated or unsuitable. Neither party will represent the AI as a licensed professional, the actual human whose likeness it simulates, or an authorized decision-maker beyond its documented permissions. The interface must identify AI interaction and provide a usable human-contact route.

7.2Customer will approve sensitive content and maintain qualified human review for professional decisions, eligibility, refunds, consent validity, financial commitments and any workflow with a material effect on an individual. High-risk transactions must use explicit permissions, confirmation and appropriate audit records. A booking request is not a confirmed appointment until the authoritative system confirms it. Payment direction is not receipt of payment. The AI may explain a consent form but may not determine capacity or substitute for a legally required informed-consent discussion.

7.3The Services are not emergency dispatch, continuous patient monitoring, a life-safety system or a substitute for emergency services. The deployment must direct emergencies to the appropriate local emergency channel and not promise that a human is monitoring every interaction. Customer must retain an independent fallback for outages and urgent matters. OneHolo will investigate reported material unsafe output, restrict the affected function when reasonably necessary, and work with Customer on corrections; a disclaimer does not excuse a failure to perform express safeguards.

8.Third-party platforms and optional hardware

8.1Customer will maintain necessary subscriptions, permissions, lawful system access, network connectivity and compatible devices for customer-selected third-party systems. OneHolo will identify material integration dependencies before committing scope. Vendor prices, API permissions, quotas and functionality may change. OneHolo does not warrant continued availability of an unaffiliated platform but will use reasonable efforts to notify Customer of a material known dependency change and propose a supported alternative.

8.2A third-party failure does not excuse OneHolo's independent configuration, security or support obligations. If an essential purchased function cannot be provided for 30 consecutive days, Customer may terminate the affected service and receive a refund of prepaid unused recurring fees. Replacement services or increased cost require approval. The parties will not cancel an existing reservation or other authoritative record as part of a change without appropriate verification and human fallback.

8.3Hardware is not included in a software subscription. A purchase, rental or loan requires an attached Hardware Schedule describing title, price or deposit, delivery, acceptance, warranty, return conditions, risk of loss and support allocation. Software cancellation does not transfer title to loaned equipment or silently create a purchase obligation. No hardware financing, lease, lien or personal guaranty is created by these Terms.

9.Data protection, restricted information and security

9.1Customer retains control of Customer Data. OneHolo may process it only to provide, secure, support and administer the contracted Services, on documented instructions and as required by law. OneHolo will not sell Customer Data, use it for cross-context behavioral advertising, or train a generalized model on private customer content without a separate, specific and lawful opt-in. Consent to these Terms is not consent to public model training or publicity. OneHolo may use deidentified operational statistics only where reasonably resistant to reidentification, not to reconstruct identity or confidential content.

9.2When OneHolo processes personal information on Customer's behalf, the versioned Data Processing Addendum made available with these Terms is incorporated into the accepted Order, together with completed Deployment Details. No separate signature is required for that standard DPA, but the affected processing must not begin until its required processing and provider details are supplied and approved. OneHolo remains responsible for its subprocessors' contracted performance. Each party complies with privacy and security duties applicable to its role. OneHolo's actual Privacy Notice must be provided at checkout and explains its independent account, billing and security processing; acknowledging its availability is not a waiver or consent to unrelated marketing or data use.

9.3The standard service is not approved for protected health information (PHI), payment-card authentication data, government identification numbers, biometric identification, credentials, children's sensitive information or other specially regulated data. Such use requires written approval of the precise data, workflows, vendors and security controls, and all necessary agreements. For PHI, a signed Business Associate Agreement (BAA) and verified approved deployment are required before processing. A BAA alone is not technical approval or a representation that every feature is HIPAA eligible. No regulated data may be put into the contracting forms as a test.

9.4OneHolo will maintain risk-appropriate access controls, least privilege, encryption in transit and at rest for stored Customer Data, workforce confidentiality, vulnerability management, logging, recovery procedures and incident handling as specified in the DPA. It will notify Customer without undue delay and no later than 48 hours after discovery of a Security Incident affecting Customer Data, giving known facts and timely updates without waiting for a final investigation. The BAA or law controls a shorter deadline. The parties will cooperate in containment, required notifications and remediation; OneHolo bears reasonable remediation costs attributable to its breach, subject to the liability provisions.

10.Ownership, licenses and permitted outputs

10.1Customer and its licensors retain their content, trademarks, records and other pre-existing intellectual property. Customer grants OneHolo a nonexclusive, limited license to host, copy, format, retrieve, transmit and display that material only as needed for the Services and their lawful wind-down. The license does not authorize unrelated publication, endorsements or licensing a person's identity to third parties.

10.2OneHolo and its licensors retain the platform, code, model orchestration, reusable configurations, workflow architecture, templates, improvements, documentation and know-how, excluding Customer Data. During the paid term Customer receives a nonexclusive, nontransferable right to use the purchased Services for its own authorized operations. Any assignment of ownership in commissioned work must be expressly stated in a signed work-product provision; payment alone does not transfer the underlying platform.

10.3As between the parties, Customer may use and export its customer-specific outputs for lawful business purposes, subject to source-material rights and law. OneHolo assigns any transferable rights it has in those outputs, excluding embedded OneHolo technology and third-party components, without promising that every AI output is copyrightable, unique or free of third-party rights. Customer may not obtain another tenant's data, model weights or source code through an export request. Voluntary feedback may be used without charge only without identifying Customer or disclosing its confidential information.

11.Mutual confidentiality

11.1Confidential Information is nonpublic information disclosed by or for either party that is identified as confidential or reasonably should be understood as confidential, including Customer Data, security information, trade secrets, product plans, business records and negotiated nonpublic terms. It excludes information independently developed without misuse, lawfully obtained without a duty of confidence, already lawfully known, or publicly available without breach.

11.2The receiving party will use Confidential Information only for the contract and protect it with at least reasonable care. Disclosure is limited to personnel, professional advisers and service providers who need access and are bound by protective obligations. The receiving party is responsible for those persons' compliance within its control. Legally compelled disclosure is permitted only to the required extent, with advance notice and reasonable protective cooperation where lawful.

11.3These duties continue for three years after termination, and for trade secrets and personal information for as long as protected by law or otherwise retained under these Terms. A confidentiality clause does not prohibit lawful reports to authorities, protected disclosures, truthful consumer reviews, or disclosures necessary to assert legal rights. Neither party may publicly name the other as a customer, partner or endorser or use its marks outside the service without prior written permission.

12.Term, automatic renewal and customer cancellation

12.1The standard subscription is month-to-month and renews for successive monthly Billing Periods unless cancelled. There is no minimum multi-month commitment, cancellation penalty or acceleration of future fees under this form. A different fixed term, price or renewal arrangement is enforceable only if conspicuously stated in the accepted Order and separately accepted as required by law. A free trial does not become paid service without a disclosed paid order and affirmative authorization.

12.2Customer may cancel automatic renewal at any time through the account's Cancel subscription control or by emailing admin@oneholo.ai from the account contact address. Cancellation stops the next renewal and takes effect for service access at the end of the current paid Billing Period, unless Customer asks for earlier deactivation or has a right to immediate termination. No advance-notice period earlier than the renewal timestamp applies to a monthly customer cancellation. A timely request is effective when received, not when staff later process it. OneHolo will send a durable confirmation with the last service date and any lawful final charges.

12.3Cancellation does not require a telephone sales call, an exit interview, a reason, payment of a disputed balance or acceptance of a retention offer. Account-access problems must not prevent a reasonable alternative identity-verification and cancellation method. OneHolo will provide legally required renewal reminders, acknowledgments and material-change notices. Existing contractual and consumer rights remain enforceable after automatic renewal ends.

13.Suspension and termination for cause or convenience

13.1OneHolo may terminate an ongoing paid service for convenience on at least 30 days' written notice. It will honor paid access through the effective date where lawful and safe, provide the wind-down described below, and refund prepaid recurring fees for the unused period after termination. Customer may terminate for OneHolo's uncured material breach under this section; OneHolo may terminate for Customer's uncured material breach.

13.2For a material breach capable of cure, the nonbreaching party must provide a reasonably detailed written notice and 30 days to cure. For an undisputed overdue payment, OneHolo must provide at least 10 days' written warning before suspension; final termination follows the 30-day breach period. A longer period specifically required by law applies. The parties may agree a written remedial plan where cure reasonably requires more time and material harm is being controlled.

13.3OneHolo may immediately and proportionately suspend only the affected access or feature where necessary to address an imminent security or safety threat, unlawful processing, fraud, unauthorized likeness use, or a binding legal demand. It will give notice before suspension when practical and otherwise promptly afterward, identify the reason to the extent lawful, preserve data where safe, and review restoration promptly once the concern is remedied. A minor breach does not justify permanent termination without cure. Either party may terminate an incurable material breach, intentional serious misuse, or a continuing condition that cannot lawfully or safely be cured, with written reasons.

13.4Suspension is not cancellation, consent to new charges or forfeiture of data rights. Fees do not accrue for service made unavailable by OneHolo's breach. Where suspension is caused by Customer's uncured breach, contracted recurring fees may continue only until the earlier of effective cancellation or termination, without a new minimum term. No charge is made for nonexistent usage. Insolvency-related remedies apply only to the extent permitted by bankruptcy and other mandatory law.

14.Exit assistance, refunds, data return and deletion

14.1At termination, access and service licenses cease on the effective date, except limited access necessary for an agreed export. Customer must remove embeds, revoke integration permissions and return loaned or rented hardware under its schedule. OneHolo will stop scheduled campaigns and recurring charges, preserve suppression instructions as legally necessary, and reconcile authorized consumed usage and earned work. A change of vendor does not authorize OneHolo to obstruct Customer's domain, telephone number, content or records.

14.2For 30 days after termination, Customer may request one standard export of its available source materials and customer-specific records in their existing exportable formats, without a separate export fee or payment hold. Exports exclude platform code, model weights, another person's restricted information and third-party assets OneHolo cannot lawfully export. OneHolo will explain material format limitations and preserve a secure alternative access method where ordinary account access is suspended. Custom conversion or migration work requires a separately priced written approval.

14.3Unless Customer requests earlier lawful deletion, OneHolo will delete or render inaccessible Customer Data in active systems within 60 days after termination and in routine backups within 90 days after termination. Data must not reenter production from a backup without reapplying deletion instructions. Limited tax, billing, consent, security or legal-hold records may be retained only for a defined lawful purpose and period, with continued protection and no active AI use. A shorter legal requirement, valid likeness withdrawal deadline or BAA requirement controls. On written request, OneHolo will confirm completion or identify the retained categories and lawful basis.

14.4On ordinary customer cancellation, the current monthly fee is not prorated for voluntary nonuse or earlier deactivation, except where law requires. If Customer terminates for OneHolo's uncured material breach, or OneHolo terminates for convenience or discontinues an essential service, OneHolo will refund prepaid unused recurring fees from the effective termination date. One-time amounts are retained only for authorized work actually performed and documented noncancelable third-party costs; unearned advances are refunded. A breach by OneHolo does not make defective, unperformed work automatically earned. No duplicate credit and refund applies to the same charge.

14.5Amounts payable at exit are limited to properly incurred fees, authorized costs and any hardware obligation expressly stated in its schedule. OneHolo will issue a final reconciliation and any refund due within 30 days of termination or, for an unresolved charge, promptly after resolution. Refunds go to the original method where practical. Consumer cancellation, chargeback and statutory remedy rights are not waived. Payment, accrued claims, ownership, confidentiality, data wind-down, indemnities, liability limits and dispute provisions survive to the extent their purpose requires.

15.Service commitments, support and warranties

15.1OneHolo warrants that it will provide the Services with reasonable skill and care, materially in accordance with the accepted scope, and will not knowingly introduce malicious code. Customer warrants that it has authority to contract and the rights and permissions for its supplied materials and instructions. Each party will comply with laws applicable to its own performance. Customer approval of content does not waive OneHolo's express implementation and security obligations.

15.2Support is remote unless the Order expressly includes otherwise. The Order or Deployment Details identifies contact channels, coverage hours, escalation and any purchased response commitments. A target response is not a guaranteed resolution time. No uptime percentage, around-the-clock staffing, certification, dedicated environment or service credit is promised unless expressly accepted in a written service-level schedule. OneHolo will give reasonable advance notice of planned materially disruptive maintenance when practical.

15.3Except for express warranties and nonwaivable legal protections, the Services are provided as available. To the extent law permits, implied warranties of merchantability, fitness for a particular purpose and noninfringement are disclaimed. There is no guarantee of uninterrupted service, perfect AI accuracy, a specific lead or conversion volume, savings, revenue, regulatory outcome or compatibility with every third-party platform. These disclaimers do not negate express commitments, indemnities or available termination and refund remedies.

16.Third-party claims and defense

16.1For a third-party claim that OneHolo's unmodified proprietary Service, used as authorized, infringes a United States patent, copyright or trademark or misappropriates a trade secret, OneHolo will defend Customer and pay damages and reasonable settlement amounts finally awarded or approved under this section. This duty excludes claims caused by Customer Data, unauthorized changes, combinations not supplied or required by OneHolo, or continued affected use after a noninfringing alternative or lawful stop instruction has been offered, but only to the extent the claim arises from that cause.

16.2For a third-party claim arising from Customer's unlawful supplied content, lack of required rights or consents, or deliberate prohibited use, Customer will defend OneHolo and pay damages and reasonable settlement amounts finally awarded or approved under this section, only to the extent attributable to Customer. Customer does not indemnify OneHolo for OneHolo's own negligence, breach, unauthorized processing or misconduct. This business indemnity does not apply to an individual purchasing for personal or household use.

16.3The protected party must give prompt written notice, with relief for delay only to the extent of material prejudice, allow the defending party to control the defense with competent counsel, and provide reasonable cooperation at the defending party's expense. Neither party may settle by admitting fault, imposing nonmonetary duties or failing to release the other without its prior written consent, not unreasonably withheld. The protected party may participate with its own counsel at its expense, except reasonable separate counsel necessitated by a genuine conflict is paid by the defending party.

16.4For a covered service-infringement risk, OneHolo may obtain continued rights, provide a materially equivalent noninfringing replacement, or terminate the affected service with a prepaid-unused-fee refund if the first two options are not commercially reasonable. A replacement cannot materially reduce paid functionality without Customer's approval. Defense and indemnity obligations are subject to the liability section and its express exceptions; no duplicate recovery is permitted.

17.Allocation and limitation of liability

17.1To the maximum extent law permits, neither party is liable for indirect, incidental, special, exemplary or consequential loss, or lost profits, revenue or goodwill that are consequential rather than direct, arising out of these Terms. Reasonable costs to restore Customer Data, investigate or contain a covered Security Incident, and carry out legally required notices are not excluded merely because a third party performs the work; recoverability, causation and the aggregate cap still apply.

17.2Except for the exclusions below, each party's total aggregate liability for all claims arising from these Terms will not exceed fees paid or payable under the affected Order during the six months immediately preceding the first event giving rise to the claim. Related events count as one event and multiple claimants or legal theories do not multiply the cap. The cap applies in contract, tort and otherwise, to the extent lawful. Earned payment duties are not reduced by the damages cap.

17.3The foregoing damages exclusion and cap do not limit fraud, willful misconduct, misuse of the other party's intellectual property, confidentiality violations, or any liability that cannot lawfully be limited, including any applicable nonwaivable personal-injury or statutory liability. Ordinary allegations of service nonperformance alone do not turn a claim into intellectual-property misuse. The parties must reasonably mitigate loss and cannot recover twice for the same injury. Nothing requires indemnification or release of a party's own unlawful conduct.

18.Notices, disputes and general provisions

18.1Contract notices to OneHolo go to admin@oneholo.ai and notices to Customer go to the contact in the Order; each party must keep that address current. Ordinary cancellation is effective as specified above. Other email notices are received when delivered without a rejection notice, provided a sender learning of failure uses another agreed method. An operational contact or automated assistant cannot authorize a material legal amendment unless separately authorized. Formal service of legal process must follow applicable law.

18.2California law governs, excluding its conflict-of-laws rules. Subject to nonwaivable rights and jurisdiction, disputes may be brought in California state courts in Riverside County or the United States District Court for the Central District of California having jurisdiction. Before litigation the parties will attempt a good-faith resolution for 30 days after a dispute notice, but that attempt is not a condition to urgent relief, small-claims proceedings, regulatory complaints or preserving a limitations deadline. No mandatory arbitration, class-action waiver, jury waiver or shortened statutory limitations period is imposed.

18.3A party is excused from delay to the extent caused by an event beyond reasonable control that it could not reasonably prevent or mitigate, provided it promptly notifies the other and continues reasonable mitigation and continuity measures. A preventable security failure, lack of funds or ordinary staffing shortage is not automatically such an event. If an essential service is unavailable for 30 consecutive days, either party may end the affected Order, with prepaid unused recurring fees refunded. Already earned amounts remain payable.

18.4Neither party may assign the Agreement without consent, not unreasonably withheld, except to an affiliate or as part of a merger, reorganization or sale of substantially all relevant assets where the successor assumes all obligations, is able lawfully to perform them, and does not reduce data protections. Notice must be given. An assignment is not consent to new uses of identity or Customer Data. The parties are independent contractors; there is no agency, employment, fiduciary relationship, exclusivity or partnership.

18.5These Terms and the accepted Order are the complete agreement for the identified standard service. They do not override a separate existing signed or otherwise binding custom agreement unless both parties expressly identify and accept that amendment. Mandatory law controls; an executed BAA controls PHI issues, the incorporated DPA controls personal-data processing, and a valid Subject authorization controls likeness use. A mutually accepted negotiated addendum controls its expressly identified conflict. The Order controls only specific commercial terms it expressly changes. Purchase-order boilerplate, an AI conversation and a later posted website version do not amend the accepted contract.

18.6Material amendments require both parties' authorized affirmative acceptance, which may be recorded through a new authenticated checkout or amendment checkbox after the changed terms are clearly supplied, except prospective pricing changes expressly permitted by Section 5. A later version applies to new Orders accepted with that version, not automatically to an existing Order. Continued use alone is not a substitute for consent to a material amendment requiring acceptance. Routine renewals under the unchanged authorized terms do not require a new signature each month. Failure to enforce is not waiver. Invalid provisions are limited or severed only as necessary; the remainder continues. No third-party enforcement right is created except for an expressly protected indemnified person or nonwaivable statutory rights.

19.Checkout disclosures, consent records and payment protection

19.1Checkout must display the amount due now, each mandatory fee and applicable tax, the exact recurring amount and frequency, first charge and renewal dates with time zone, purchased scope, included allowance, any selected overage maximum, and a usable cancellation method before consent and payment. An accepted Order is supplied in a form you can retain. A mere request-received message or payment-provider receipt is not OneHolo's order acceptance unless it expressly identifies itself as such. OneHolo will not collect funds for an Order it has not accepted.

19.2Acceptance of these Terms, automatic-renewal consent, electronic-record consent and any optional paid-overage authorization are distinct choices. None is preselected. Extra usage remains disabled unless you choose a positive spending cap and separately authorize it. Declining optional overage or marketing does not prevent purchasing the base service. No box authorizes general model training, call recording, outreach to your contacts, public endorsement, PHI processing or another person's likeness.

19.3OneHolo will retain a verifiable record of the account and authorized representative, Order revision, Terms and incorporated-document versions, exact disclosure and checkbox text, affirmative selections and server-recorded acceptance time. Payment and subscription references are linked to that record. Security metadata is limited to what is reasonably necessary and lawfully disclosed. Consent records are kept for the applicable legal period and any justified legal hold, separately from service content subject to deletion. Required copies and cancellation confirmations will be supplied through a durable delivery method, not only an expiring checkout link.

19.4An altered product, price, quantity, renewal arrangement, overage cap, material scope or contract version must be shown for renewed approval before that new Order is charged. Existing lawful price-notice provisions remain applicable. An express-payment button, payment link, wallet or saved card does not bypass the applicable consent and readiness requirements. A failed or abandoned checkout is not permission to enroll you silently; any authorized retry must stay within the same accepted amount and scope and stop on cancellation or expiry.