Demo Terms of Service

These Terms Govern the Aubern Magician Demo Only

These Demo Terms of Service ("Demo Terms") govern your access to and use of the Aubern Magician demonstration experience ("Demo") operated by Aubern LLC, a Florida limited liability company ("Aubern", "we", "us", or "our") at aubernllc.com/demo/magician and any related demo endpoints.

These Demo Terms are separate from, and do not replace, Aubern's main Terms of Service or Privacy Policy, which govern use of aubernllc.com account services. The Demo does not create an account, does not form a contract for services, does not result in the dispatch of any product or service, and does not create any ongoing relationship between you and Aubern.

You must be at least eighteen (18) years of age to use the Demo. By using the Demo, you represent and warrant that you are eighteen or older and have full legal capacity to enter into these Demo Terms.

Nature and Purpose of the Demo

The Demo is a product demonstration. It simulates how Aubern's AI voice system could operate for a fictional home services business. You are invited to interact with the Demo by providing a phone number to which Aubern will send one (1) SMS verification code and toward which you may initiate one (1) automated, AI-generated demonstration phone call during each Demo session.

The Demo is provided solely for evaluation and educational purposes. The Demo is not a live service, not a booking system, not a dispatch system, and not a customer support channel. No appointment shown in the Demo will result in any person, vehicle, tool, or service being dispatched to any address.

The business name, service categories, addresses, and other details populated during the Demo are fabricated or algorithmically generated from publicly available information for illustration only. Any resemblance to a real business, real person, or real service address is incidental.

Express Written Consent to SMS

By checking the SMS consent box and submitting your phone number, you provide express written consent, as that phrase is defined under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations at 47 C.F.R. § 64.1200, and under the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, for Aubern LLC and its telephony service providers to send you one (1) automated SMS text message containing a one-time verification code at the phone number you provide.

Standard message and data rates imposed by your wireless carrier may apply. Aubern does not charge you to receive the verification message. Message frequency is one (1) message per verification attempt.

You may revoke consent at any time by not completing the verification process, by not using the Demo, or by emailing privacy@aubernllc.com with the subject line "Demo SMS Opt-Out" and the phone number you submitted.

Express Written Consent to Automated Demonstration Call

By checking the call consent box and completing phone verification, you provide express written consent, as that phrase is defined under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations at 47 C.F.R. § 64.1200, and under the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, for Aubern LLC, its telephony service providers, and its artificial intelligence systems to place one (1) automated, artificial-voice, AI-generated demonstration phone call to the phone number you provide, initiated by your action of calling Aubern's demo line using the session code displayed to you.

You acknowledge and agree that:

• The call is placed in connection with a product demonstration you have expressly requested
• The call may use an artificial or prerecorded voice, an automatic telephone dialing system, and/or any successor technology
• The call may be recorded, transcribed, analyzed, and stored by Aubern and its service providers for demonstration, quality, training, legal, and business purposes
• You may end the call at any time by hanging up
• You are responsible for any standard carrier charges that may apply to incoming calls

General Consent to Interaction with Demo Systems

By using the Demo, you consent, in addition to the specific SMS and call consents above, to Aubern's collection, processing, storage, transmission, and use of any and all information, data, content, input, voice, speech, transcription, response, interaction, behavior, metadata, and derivative product generated, provided, transmitted, or observed during your use of the Demo, through any channel, medium, or technology used by the Demo, including but not limited to:

• Web and mobile browser interactions
• Telephony: SMS, MMS, voice calls, voicemail, DTMF tone input
• Speech-to-text transcription and text-to-speech synthesis
• Large language model processing and inference
• Analytics, logging, session recording, and event tracking
• Any communication channel or technology subsequently adopted by Aubern for purposes of operating the Demo

You further acknowledge and agree that any voice, likeness, content, transcript, address, name, or other information you provide during the Demo (whether real or fabricated) may be retained by Aubern in an internal demo log for Aubern's own review, analysis, product development, and legal recordkeeping purposes, at Aubern's sole discretion, for any period of time Aubern determines appropriate.

Your Representations and Warranties

You represent and warrant, under penalty of the misrepresentations giving rise to all of the remedies described in these Demo Terms, that:

• You are at least eighteen (18) years of age
• You have full legal capacity to agree to these Demo Terms
• The phone number you submit is a number you own, control, or have express permission from the subscriber to submit for the purposes described in these Demo Terms
• You are not submitting a phone number belonging to another person without that person's express permission
• You are not submitting a phone number registered on any federal, state, or internal "Do Not Call" list with the intent of manufacturing a claim against Aubern
• You are not using the Demo for any unlawful, fraudulent, competitive-intelligence, or bad-faith purpose
• You will not attempt to overwhelm, abuse, reverse engineer, scrape, or interfere with the Demo or Aubern's systems
• You understand the Demo is a simulation and no real service will be performed as a result of any interaction

Aubern relies on these representations. Any breach of this section voids your consent, terminates your license to use the Demo immediately, and subjects you to the indemnification obligation below.

Limited License to Use the Demo

Subject to your compliance with these Demo Terms, Aubern grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Demo for personal evaluation purposes only. All rights not expressly granted are reserved by Aubern.

You may not: (a) use the Demo for commercial purposes; (b) copy, reproduce, distribute, publicly display, or create derivative works of the Demo; (c) reverse engineer, decompile, disassemble, or attempt to extract the source code, models, prompts, training data, or architecture of any Aubern system; (d) use the Demo to develop a competing product; (e) remove or alter any proprietary notice; or (f) use the Demo in any manner that violates applicable law.

Aubern may terminate, suspend, modify, or discontinue the Demo, in whole or in part, at any time, without notice, and without liability to you.

Disclaimer of Warranties

THE DEMO IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUBERN AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "AUBERN PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, UNINTERRUPTED OPERATION, OR FREEDOM FROM ERROR, VIRUSES, OR HARMFUL COMPONENTS.

THE AUBERN PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE DEMO WILL MEET YOUR REQUIREMENTS, (B) THE DEMO WILL OPERATE CONTINUOUSLY OR WITHOUT INTERRUPTION, (C) THE AI-GENERATED CONTENT OR VOICE OUTPUT WILL BE ACCURATE, APPROPRIATE, OR FREE OF ERROR, OR (D) ANY INFORMATION OBTAINED FROM THE DEMO IS RELIABLE FOR ANY PURPOSE.

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE DEMO.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUBERN PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANY DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE DEMO, THESE DEMO TERMS, ANY COMMUNICATION YOU RECEIVE AS PART OF THE DEMO, OR ANY ACT OR OMISSION OF ANY AUBERN PARTY, REGARDLESS OF THE LEGAL THEORY AND EVEN IF AUBERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE AUBERN PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE DEMO SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights. The limitations in this section will apply to the maximum extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Aubern Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the Demo
• Your breach of these Demo Terms
• Your breach of any representation, warranty, or covenant
• Your violation of any applicable law, regulation, or third-party right
• Any phone number you submitted that you did not own or have permission to submit
• Any claim brought by a person whose number you submitted without authorization
• Any claim arising from false, misleading, or fraudulent information you provided during the Demo

Aubern reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate in asserting any available defenses.

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AUBERN ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

Any dispute, claim, or controversy arising from or relating to the Demo, these Demo Terms, any communication you receive as part of the Demo, or your relationship with any Aubern Party ("Dispute") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted by a single arbitrator in Miami-Dade County, Florida, or via videoconference at the arbitrator's discretion. The arbitrator shall apply Florida law. The arbitrator's award shall be final and may be entered as a judgment in any court of competent jurisdiction.

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Demo Terms by sending written notice to Aubern LLC, 1221 Brickell Ave Suite 900, Miami FL 33131, with the subject "Demo Arbitration Opt-Out", including your name, phone number used, and the date you accepted these Demo Terms. Opting out does not affect any other provision of these Demo Terms.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for any Dispute that qualifies, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

Governing Law and Venue

These Demo Terms and any Dispute are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict of law principles. Subject to the arbitration provision above, the exclusive venue for any judicial proceeding permitted under these Demo Terms shall be the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Demo Terms.

General Provisions

Entire Agreement. These Demo Terms, together with the Demo Privacy Notice, constitute the entire agreement between you and Aubern regarding the Demo and supersede all prior agreements on that subject.

Severability. If any provision of these Demo Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

No Waiver. Aubern's failure to enforce any right or provision of these Demo Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Demo Terms or any rights under them. Aubern may assign these Demo Terms without restriction.

No Third-Party Beneficiaries. These Demo Terms create no third-party beneficiary rights, except that the Aubern Parties are intended beneficiaries of the disclaimers, limitations of liability, indemnification, and arbitration provisions.

Electronic Communications. You consent to receive communications from Aubern in electronic form. Electronic notices satisfy any legal requirement that such communications be in writing.

Survival. All provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, limitations of liability, indemnification, and dispute resolution.

Changes. Aubern may modify these Demo Terms at any time by posting a revised version at this URL. Changes are effective upon posting. Continued use of the Demo after posting constitutes acceptance.

Headings. Section headings are for convenience only and have no substantive effect.