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Terms of Service – Voyce AI
Last Updated: Dec 8, 2024
This Agreement is between Voyce AI. (Owner of Voyce AI) and the person (natural or legal) accessing or using the Product. These Terms of Service (“Terms”) are an agreement between Voyce AI Inc. (“Voyce AI,” “we,” “us” etc.) and you and govern your use of the Site (as hereinafter defined) and all information on or submitted through it. www.voyceai.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, including but not limited to Voyce AI AI Inc’s Privacy Policy (the “Privacy Policy”), as amended from time to time.
If you are accessing or using the Product on behalf of your company, you certify that you have the authority to accept this Agreement on behalf of your firm. By signing up, accessing, or using the Product, Customer acknowledges its acceptance of this Agreement and consents to be bound by the terms and conditions of this Agreement.
Do not use the Site if you do not agree to the Terms or if your jurisdiction will not honour them. Persons under the age of 13 are not authorized to use the Site.
WHEREAS:
“Voyce AI” is a Devtool Site that enables you to build a voice AI into your product. Our service includes a versatile API for anyone building an AI for voice interactions, number provisioning, call handling, and a dashboard for customization and integration, such as AI call agents, AI coaching apps, or AI lifelike companions.
The pricing pages of the Provider offer information on the various parts of the Product and their corresponding plans/prices. Customer will pay Provider costs throughout the Payment Period in accordance with the Product tier chosen at account creation and Customer’s usage during each Subscription Period. Provider may alter the price of the product by notifying the customer (by email or notice within the product) at least seven days in advance. The updated price will take effect at the beginning of the following subscription period.
If the automatic payment method fails, the Customer will be issued an invoice with a 14-day due date. If the invoice remains unpaid by the due date, a 7-day grace period will be provided. If the payment is not received within this grace period, Voyce AI reserves the right to automatically suspend or stop services.
The Customer will be notified of overdue amounts and the service suspension. Services will resume once the overdue payment is cleared. Persistent failure to pay may result in permanent termination of the services.
Beyond the standard technical support, Voyce AI offers customized professional services which include personalized consultations, advanced implementation assistance, optimization strategies, and more, tailored to your specific needs. Please contact us at founders@Voyce AI.com with any questions or requests, and a member of our team will help you choose the services and solutions that will be most suitable to meet your needs.
Customer: The company or person who accesses or uses the Product. Where this Agreement is entered into on behalf of a company, the use of the word “Customer” in the Agreement will mean that company.
Effective Date: The date Customer first accepts this Agreement.
Invoice Period: Monthly
Payment Period: 1 day from date of invoice
Provider: Voyce AI Inc. (Owner of Voyce AI)
Subscription Start Date: Date of Sign Up
Subscription Period: Pay-as-you-go, Invoiced Monthly
Non-Renewal Notice Period: A minimum of 30 days before the current Subscription Period ends.
Any action, proceeding, or claim alleging that the Customer Content violates, misappropriates, or otherwise infringes upon the intellectual property or other proprietary rights of third parties when used in accordance with the terms of the Agreement; or, on behalf of the provider, any action, proceeding, or claim alleging that the Cloud Service violates, misappropriates, or otherwise infringes upon the intellectual property or other proprietary rights of third parties when used by Customer in accordance with the terms of the Agreement.
Acceptable Use Policy
4.1. In General
Voyce AI’s Acceptable Use Policy constitutes an integral part of these Terms and is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws among our Customers. Our goal is to protect the integrity of all related systems for the benefit of all customers and partners and prevent any illegal conduct with the use of our Services and systems.
Any use of the Services or any other action that causes a disruption in the integrity of any Voyce AI system or service, and/or any vendors system or service, whether directly or indirectly, is strictly prohibited and could result in immediate termination of the Services.
You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users or equipment of the Services. You shall use the Services only for lawful purposes. Voyce AI reserves the right to immediately terminate your Services if, in our sole and absolute discretion, Voyce AI determines that you have used the Services for an unlawful purpose.
You shall not use the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or constitutes any similar behavior.
4.2. Telemarketing Compliance
You must not use the Services in violation of the applicable laws governing the making and sending of calls and text messages. Relevant laws and regulations include, but are not limited to, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telephone Consumer Protection Act (TCPA) and the regulations promulgated by the or Federal Communications Commission pursuant to the TCPA, the Federal Trade Commission (FTC) Act, the FTC’s Telemarketing Sales Rule and the Do-Not-Call registry, state telemarketing laws, including the Florida Telemarketing Act, Maryland’s Stop the Spam Calls Act of 2023, and federal and state anti-wiretapping or eavesdropping laws.
Among other things, these laws and regulations may:
If consumer consent is required under the applicable laws to place calls using Voyce AI’s technology, Customer is required to document proof of the required level of consent of each consumer who is contacted by the Customer. Such documentation must be preserved at least for the minimum amount of time prescribed by the applicable law, but in any case for no less than five years. Voyce AI retains the right to audit Your use of our Services to ensure Your compliance with the applicable laws.
Customers using AI voice for outbound calls must ensure their systems are programmed to scrub phone numbers against the applicable (federal, state, and Customer-specific) Do-not-Call (DNC) lists regularly and in no event less frequently than every 31 days.
4.3. Law Enforcement
Voyce AI may provide Customer information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc., from the government under the Patriot Act, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
4.4. Fraud Prevention and Rights of Publicity
You shall not use our Services to offer or otherwise make available to others fraudulent goods, services, schemes, or promotions, including make-money-fast schemes, Ponzi and pyramid schemes, or for phishing, pharming, harvesting or similar deceptive practices.
Providing altered, deceptive, or false information about the identity of the sender or a call’s origin is expressly prohibited.
You shall only use the AI voices you have the rights to use under the applicable laws and licenses. You must not use the voices of real people (or deceptively similar voices) without their consent, and you must not use real people’s voices (or deceptively similar voices) for any purpose the relevant person has not authorized.
4.5 Intellectual Property
When using Voyce AI’s Services, Customers must comply with all the applicable intellectual property laws, including copyright to the scripts they are using.
4.6. Data Privacy
Customers must comply with all the applicable personal data privacy laws when handling their consumers’ personal data shared in conversations with Customers’ AI voice agents.
4.7 Due Diligence of Potential Customers
Voyce AI reserves the right to refuse to provide Services to any potential Customer if Voyce AI’s Know-Your-Customer procedures result in a showing of a high risk of unlawful use.
4.8. Termination
Voyce AI reserves the right to immediately terminate Your Service if, in our sole and absolute discretion, Voyce AI determines that You have used the Services in any of the aforementioned ways.
You will be prohibited from using our Services if Voyce AI determines, at its sole discretion, that the provision of the Services to You is prohibited by applicable law or has become impractical or unfeasible for any legal or regulatory reason.
Arbitration:
In the event the parties are not able to resolve any of these claims/dispute between them arising out of or concerning these Terms and Conditions, or any provisions thereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.
In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
You agree to indemnify, defend and hold harmless Voyce AI , its officers, directors, employees, agents and third parties, for any losses, Costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. VOYCE AI reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VOYCE AI in asserting any available defences.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND VOYCE AI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. VOYCE AI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY CUSTOMER.
VOYCE AI MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. VOYCE AI IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
VOYCE AI DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT CUSTOMER’S SOLE RISK AND DISCRETION AND VOYCE AI WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER OR CUSTOMER ‘S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM VOYCE AI, IT’S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CUSTOMER.
VOYCE AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
Attachments and Supplements
Acceptable Use Policy: By accessing or using Voyce Ai Inc services, you agree to comply with the following terms:
Kindly see our Privacy Policy for an overview of our procedures and guidelines for the collection, use, and retention of personal information. Provide only the personal information of third parties that you are required or permitted to by contract or applicable law. Unless you have given a copy of our privacy policy and any applicable supplemental privacy notice to a third party and have their express approval, you may not submit personal data on their behalf.
This entire website, that is, the names, logos, trademarks, and service marks (collectively, the “Marks”), as well as any and all related or underlying technology, with the exception of your content, is owned by Voyce Ai Inc. and its licensors. It may also be covered by applicable copyright or other intellectual property laws and treaties. All rights are reserved, save those expressly granted to you. Without the prior written consent of Voyce Ai Inc., you are not permitted to make use of any of its trademarks.
Violations of this policy may result in termination of service and legal action if necessary.
Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering.
Publicity Rights:
In order to identify the Customer as a user of the Product, the Provider may identify Customer and utilize Customer’s trademarks and logo on Provider’s website and in marketing materials. For the duration of the Agreement, Customer thus grants Provider a non-exclusive, royalty-free license to use this in connection with any marketing, promotion, or advertising of Provider or the Product.
Customer gives permission to Provider to process its Usage Data and Customer Content for the development, training, and improvement of artificial intelligence and machine learning models that are included in Provider’s products and services, including third-party components of the Product. However, before being used for these purposes, (a). Usage Data and Customer Content must first be aggregated, and (b). the Provider shall make commercially reasonable measures to de-identify Usage Data and Customer Content using industry standard technologies. Nothing in this section shall lessen or restrict the Provider’s obligations under the applicable data protection laws with regard to Personal Data that may be included in Customer Content or Usage Data.
Changes to Terms Voyce Ai reserves the right, in its sole discretion, to change the Terms under which www.voyceai.com is offered. The most current version of the Terms will supersede all previous versions. Voyce Ai encourages you to periodically review the Terms to stay informed of our updates.
Contact Us Voyce Ai welcomes you comments regarding the Terms:
Voyce Ai Inc
2674 Hastings Ave, Redwoodcity California 94061
Email Address: founders@voyceai.com
Telephone number: +1(234)567-8910