Terms of Service

Effective date: [EFFECTIVE DATE — FINALIZE BEFORE PRODUCTION]

These Terms of Service (“Terms”) govern access to and use of Oravien, including Oravien’s websites, applications, missed-call recovery services, messaging features, lead qualification features, notifications, and related services (collectively, the “Service”).

The Service is provided by [LEGAL OPERATOR NAME — FINALIZE BEFORE PRODUCTION], operating as Oravien (“Oravien,” “we,” “us,” or “our”).

By creating an account, accepting these Terms, activating the Service, or otherwise using Oravien, you agree to these Terms. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

1. Business Use

Oravien is intended for business use by roofing contractors and other businesses approved by Oravien.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

You are responsible for ensuring that anyone who accesses Oravien through your account is authorized to do so and complies with these Terms.

2. What Oravien Does

Oravien is a missed-call recovery platform.

When an eligible inbound business call goes unanswered, the Service may initiate a follow-up conversation, gather information from the caller, organize that information, determine the stage of the recovery, and present the opportunity back to your business.

Depending on your configuration, the Service may help gather information such as:

the type of roofing work requested;
the caller’s location;
preferred timing;
whether the opportunity is inside your service area;
conversation and recovery status; and
other information relevant to determining whether the opportunity is ready for your business to pursue.

Oravien does not provide roofing services, give estimates on your behalf, guarantee that a lead will become a customer, or guarantee any particular amount of revenue, jobs, appointments, or recovered opportunities.

3. Ready for Estimate

“Ready for Estimate” is an Oravien recovery status indicating that the Service has gathered the information required by the applicable recovery workflow and determined that the opportunity is ready to be handed back to your business.

Ready for Estimate does not mean:

an estimate has been performed;
an appointment is guaranteed;
the homeowner has entered into a contract;
pricing has been agreed;
work has been authorized; or
revenue has been earned.

Your business remains responsible for reviewing the opportunity and deciding what action to take next.

4. Qualified Recovery

For purposes of Oravien’s evaluation offer, a “Qualified Recovery” means an eligible missed-call opportunity that:

relates to a legitimate roofing inquiry;
is within the service territory configured for your business;
receives a substantive response from the homeowner;
provides enough information through the recovery process to reach Ready for Estimate; and
is not otherwise excluded under these Terms or the applicable offer.

The following do not count as Qualified Recoveries:

spam;
irrelevant inquiries;
callers who do not respond;
opportunities outside your configured service area;
conversations that do not gather enough information to reach Ready for Estimate; and
other interactions that do not satisfy the Qualified Recovery definition.

Oravien may use its system records to determine whether an interaction qualifies under this definition.

5. Free Evaluation

Eligible new customers may receive Oravien’s evaluation offer:

Your first 5 Qualified Recoveries are free.

The evaluation:

costs $0 upfront;
does not require a credit card to begin;
ends when you reach 5 Qualified Recoveries or 30 days after the evaluation begins, whichever occurs first; and
does not automatically convert into a paid subscription.

When the evaluation ends, Oravien will not automatically charge you.

If you want to continue using the Service, you must affirmatively activate a paid subscription.

The evaluation is intended to allow a business to evaluate Oravien using real missed-call recovery activity. Oravien may limit, suspend, or terminate an evaluation where we reasonably believe it is being abused, manipulated, used unlawfully, or used outside its intended purpose.

6. Founders Plan

The Oravien Founders Plan is $349 USD per month, unless otherwise stated at the time you activate the subscription.

The Founders offer is limited to the first 25 eligible roofing companies accepted into the Founders program.

No long-term contract is required.

You may cancel your subscription at any time.

Your $349 USD/month Founders rate remains locked while you remain continuously subscribed to the Founders Plan.

If your subscription is cancelled or otherwise ends and you later reactivate Oravien, your previous Founders rate is not guaranteed and the then-current pricing may apply.

7. Billing, Taxes, and Refunds

Paid subscriptions are billed in advance on a recurring monthly basis unless otherwise stated at checkout.

By activating a paid subscription, you authorize Oravien and its payment processor to charge the applicable subscription fees and any applicable taxes using your selected payment method.

Oravien may use a third-party payment processor to handle payment information. Oravien does not need to directly store your full payment-card details.

You are responsible for maintaining accurate billing information and a valid payment method while subscribed.

Fees are stated in U.S. dollars unless otherwise indicated.

Applicable taxes may be added where required.

Except where required by law or expressly stated otherwise, subscription fees are non-refundable and no credits are provided for partially used billing periods.

8. Cancellation

You may cancel your paid subscription at any time through the available billing controls or by contacting Oravien where applicable.

Cancellation prevents the subscription from renewing for another billing period.

Unless otherwise stated or required by law, you will retain access to paid Service features through the end of the billing period you have already paid for.

Cancellation does not result in a prorated refund or credit for the unused portion of the current billing period.

If a scheduled cancellation is reversed before the current billing period ends and the subscription remains continuously active, the existing subscription and Founders rate may continue.

Once a subscription fully ends, any previous Founders pricing is no longer guaranteed if you later return to Oravien.

9. Your Business Information and Service Territory

You are responsible for providing accurate and current information about your business, including where applicable:

business name;
contact information;
business phone number;
service area;
notification settings;
billing information; and
other configuration required for the Service.

You are responsible for reviewing your configured service territory and ensuring it accurately reflects where your business operates.

Oravien may rely on the information you provide when processing missed-call opportunities.

10. Phone Numbers and Communications

Oravien may operate in connection with your existing business phone workflow or other telephone numbers configured for your account.

You represent and warrant that you have the authority to connect, configure, forward, port, use, or otherwise provide any telephone number that you use with Oravien.

You must not use the Service with a telephone number, business identity, sender identity, or customer data that you do not have authority to use.

11. Messaging Compliance and Customer Responsibilities

Oravien may send or facilitate SMS or other electronic communications in connection with missed-call recovery.

You are responsible for using the Service lawfully and for ensuring that your communications with customers and prospective customers have any consent, permission, relationship, or other lawful basis required under applicable law.

Depending on the recipient and jurisdiction, applicable laws may include Canadian anti-spam requirements, U.S. telephone and text-message rules, state or provincial laws, consumer-protection laws, and other communications requirements.

You agree that you will not use Oravien to:

send unlawful unsolicited marketing communications;
contact people where you lack the legally required authority to do so;
evade opt-out or suppression requests;
send deceptive or misleading communications;
impersonate another business or person without authorization; or
use Oravien for bulk marketing or messaging outside the functionality Oravien makes available.

Oravien is designed around first-party business interactions such as recovery of calls placed to your business. It is not intended to function as an unrestricted bulk SMS marketing platform.

12. Opt-Outs and Suppression

You must respect a recipient’s request to stop receiving communications.

Oravien may automatically detect, record, and enforce recognized opt-out or suppression requests, including supported STOP-type instructions.

Where Oravien records a destination as suppressed, the Service may prevent further homeowner-facing messages from being sent to that destination unless a valid lawful process for resuming communications applies.

You must not attempt to circumvent suppression controls, manually override an opt-out without lawful authority, or use another account, number, or system to evade a recipient’s request to stop communications.

Oravien may block communications where suppression status cannot be safely verified.

13. Automated Processing and AI-Assisted Interpretation

Oravien may use automated systems, including AI-assisted interpretation, to help understand homeowner language and convert replies into structured information used by the recovery system.

For example, automated interpretation may help identify information such as job type, location, timing, or the meaning of a homeowner response.

AI-assisted interpretation does not independently authorize Oravien to:

quote prices;
agree to roofing work;
make contractual commitments for your business;
guarantee availability;
confirm work that has not actually been booked; or
override communication suppression or safety rules.

The Service’s recovery logic, configured rules, system controls, and safeguards determine what actions may occur.

Automated interpretation can make mistakes. You remain responsible for reviewing opportunities before relying on them for business decisions or commitments.

14. Acceptable Use

You may use Oravien only for lawful business purposes and in accordance with these Terms.

You may not use the Service to violate applicable law, infringe another person’s rights, send unlawful or deceptive communications, access data you are not authorized to access, interfere with the security or operation of the Service, attempt to bypass usage or safety controls, reverse engineer protected portions of the Service except where applicable law expressly permits it, introduce malicious code, abuse third-party telecommunications infrastructure, or use Oravien to impersonate another person or business without authorization.

You may not use Oravien to build, train, benchmark, or operate a competing product using protected Oravien software, confidential information, or non-public system behavior without our written permission.

We may investigate suspected misuse and may restrict access where reasonably necessary to protect customers, recipients, Oravien, our service providers, or the integrity of the Service.

15. Accounts and Security

You are responsible for maintaining the security of your account and for activity performed through authorized access to your account.

You must provide accurate account information, use reasonable security practices, and promptly notify Oravien if you believe your account, credentials, business number, or connected services have been compromised.

You may not share account credentials in a manner that allows unauthorized individuals to access the Service.

Oravien may use third-party identity and authentication providers to manage account access.

16. Customer Data

“Customer Data” means information submitted to, collected through, or processed by the Service on your behalf, including business configuration information, lead and homeowner information, message content, call-related information, service-territory information, and related operational data.

As between you and Oravien, you retain your rights in Customer Data.

You grant Oravien a limited right to host, process, transmit, reproduce, structure, analyze, and otherwise use Customer Data only as reasonably necessary to:

provide and operate the Service;
maintain security and prevent abuse;
support, troubleshoot, and improve the Service;
comply with applicable law; and
perform other processing described in the Privacy Policy or expressly authorized by you.

You represent that you have the rights and lawful authority necessary to provide Customer Data to Oravien and to authorize its processing in connection with the Service.

17. Privacy and Data Responsibilities

Oravien’s collection and use of personal information is described in the Oravien Privacy Policy.

Depending on the circumstances and applicable privacy law, your business may act as the organization, business, controller, or other party responsible for determining why homeowner information is collected and used, while Oravien may act as a service provider, processor, or similar party processing that information on your behalf.

Those legal roles may differ depending on the information and jurisdiction.

You are responsible for your own privacy notices, permissions, disclosures, consent practices, and other obligations applicable to your business and its interactions with customers and prospective customers.

Oravien does not provide legal advice and does not represent that use of the Service by itself makes your business compliant with privacy, telecommunications, advertising, consumer-protection, or other laws.

18. Service Providers and Third-Party Services

Oravien relies on third-party providers to operate portions of the Service.

These may include providers of:

hosting and infrastructure;
databases;
authentication;
telecommunications and SMS;
payment processing;
geographic or mapping services;
analytics;
automated or AI-assisted processing; and
security and operational tooling.

Your use of certain features may therefore depend on third-party systems that are outside Oravien’s direct control.

Third-party services may experience outages, delays, delivery failures, configuration changes, carrier filtering, API changes, or other interruptions.

Oravien is not responsible for a third-party service to the extent an issue is caused solely by that provider and outside our reasonable control, although we will use commercially reasonable efforts to operate and maintain the integrations we provide.

The Privacy Policy identifies the main categories of providers and relevant data-processing practices in greater detail.

19. Intellectual Property

Oravien and its licensors own all rights, title, and interest in and to the Service, including its software, workflows, designs, interfaces, documentation, trademarks, branding, underlying technology, and other materials, excluding Customer Data.

Subject to these Terms and payment of applicable fees, Oravien grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the applicable evaluation or subscription period.

No ownership rights in Oravien technology are transferred to you.

“Oravien,” the Oravien logo, and related branding are owned by Oravien or its operator and may not be used in a manner that suggests endorsement, affiliation, or ownership without permission.

20. Feedback

If you provide suggestions, ideas, feature requests, or other feedback regarding Oravien, you grant us the right to use that feedback without restriction or compensation to you.

This does not give Oravien ownership of your Customer Data or confidential business information.

21. Confidentiality

Each party may receive non-public information from the other that reasonably should be understood to be confidential.

The receiving party will use reasonable care to protect that information and will use it only for purposes related to the Service or the parties’ relationship.

Confidential information does not include information that is publicly available through no breach of obligation, was lawfully known without confidentiality restrictions, is received lawfully from another source without restriction, or is independently developed without use of the other party’s confidential information.

A party may disclose confidential information where required by law, court order, or valid governmental request, subject to applicable legal restrictions.

22. Service Availability and Changes

We aim to provide a reliable Service, but Oravien is not guaranteed to be uninterrupted or error-free.

Features may depend on telecommunications networks, internet connectivity, carriers, third-party providers, device behavior, customer configuration, and other systems outside our direct control.

Oravien may update, modify, add, or remove features as the Service develops.

We will not intentionally make a material change whose primary purpose is to deprive a paid customer of the core service they purchased without reasonable notice where practicable.

Beta, experimental, preview, evaluation, or early-access features may change more frequently and may be withdrawn.

23. Suspension and Termination

We may suspend or restrict access to the Service where reasonably necessary because of:

material violation of these Terms;
unlawful or abusive use;
telecommunications or messaging abuse;
attempts to circumvent recipient suppression;
security risks;
fraudulent activity;
non-payment;
conduct that risks harm to Oravien, recipients, customers, providers, or third parties; or
legal or regulatory requirements.

Where reasonable under the circumstances, we will attempt to notify you and provide an opportunity to resolve the issue before terminating a paid account.

We may terminate the Service or your account for a material breach that is not cured where cure is reasonably possible.

You may stop using Oravien at any time and may cancel a paid subscription in accordance with Section 8.

Termination does not eliminate obligations that by their nature should survive, including payment obligations already incurred, intellectual-property provisions, confidentiality obligations, disclaimers, limitations of liability, indemnification, and dispute provisions.

24. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

ORAVIEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EVERY BUSINESS OR USE CASE.

ORAVIEN DOES NOT GUARANTEE:

that every missed call will be recovered;
that every SMS will be delivered or answered;
that automated interpretation will always be correct;
that every opportunity marked Ready for Estimate will result in an estimate, appointment, contract, job, or revenue;
that a homeowner will remain interested;
that customer-provided information is accurate; or
any particular return on investment or business result.

You are responsible for reviewing opportunities and making your own business decisions before quoting, scheduling, contracting, or performing work.

Nothing in the Service constitutes legal, tax, financial, insurance, construction, safety, or professional advice.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORAVIEN AND ITS AFFILIATES, OPERATORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES MAY BE POSSIBLE.

[COUNSEL REVIEW REQUIRED — LIABILITY CAP]

Proposed structure pending counsel review:

“To the maximum extent permitted by law, Oravien’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts paid by you to Oravien during the twelve months immediately preceding the event giving rise to the claim, or (b) [CAD/USD $___].”

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

26. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Oravien, its operator, affiliates, personnel, and service providers from third-party claims, losses, liabilities, damages, costs, and reasonable legal fees arising from or relating to:

your unlawful use of the Service;
your breach of these Terms;
Customer Data you were not legally entitled to provide or process;
communications sent through your account in violation of applicable law;
infringement or violation of a third party’s rights caused by your content, instructions, or conduct;
your products, services, roofing work, estimates, contracts, or representations to customers; or
your attempt to circumvent recipient opt-outs or suppression controls.

This provision should not require you to indemnify Oravien for claims caused by Oravien’s own unlawful conduct to the extent applicable law prohibits such an allocation.

[COUNSEL TO REVIEW SCOPE AND PROCEDURE]

27. Governing Law and Disputes

[COUNSEL / BUSINESS DECISION REQUIRED]

The final Terms must identify:

governing law;
court/forum;
whether arbitration is used;
whether any class-action waiver is appropriate and enforceable;
treatment of Canadian versus U.S. customers; and
any mandatory consumer or statutory rights that cannot be waived.

Potential Ontario starting point pending counsel approval:

“These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.”

28. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, business practices, laws, or regulatory requirements.

If we make a material change, we will provide reasonable notice where required or appropriate, such as through the Service, by email, or by updating the effective date and providing another notice.

Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

If you do not agree to a material update, you may stop using the Service and cancel your subscription.

29. Electronic Communications

You agree that Oravien may provide agreements, notices, receipts, service announcements, billing communications, security notices, and other administrative communications electronically.

This may include email, in-product notices, or other contact information associated with your account.

Transactional and administrative communications related to your account are distinct from marketing communications where applicable law makes that distinction.

30. Assignment

You may not assign or transfer these Terms or your rights under them without Oravien’s prior written consent, except where applicable law provides otherwise.

Oravien may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of substantially all relevant assets, or transfer of the Service to another operator, subject to applicable law.

31. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

Failure to enforce a provision of these Terms is not a waiver of the right to enforce that provision later.

32. Entire Agreement

These Terms, the Privacy Policy, any applicable order or checkout terms, and any other terms expressly incorporated by reference form the agreement between you and Oravien regarding the Service.

If there is a conflict between these Terms and a separately signed agreement between you and Oravien, the separately signed agreement will control to the extent of that conflict.

33. Contact

Questions about these Terms may be sent to:

Oravien

Operated by: [LEGAL OPERATOR NAME — FINALIZE BEFORE PRODUCTION]

Email: [LEGAL / SUPPORT EMAIL — FINALIZE BEFORE PRODUCTION]

Mailing address: [BUSINESS / LEGAL ADDRESS — FINALIZE BEFORE PRODUCTION]