VocalAI Solutions

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and VocalAI Solutions, Inc. ("VocalAI," "we," "us," or "our") governing your access to and use of our voice AI platform, software, APIs, and related services (collectively, the "Services").

These Terms apply to:

• Enterprise customers subscribing to our voice AI platform
• Developers using our APIs
• Users of trial or free-tier accounts
• Any other authorized users of the Services

2. Service Description

2.1 VocalAI Platform

VocalAI provides an AI-powered voice agent platform that enables businesses to:

• Deploy intelligent voice agents for customer service and sales
• Handle phone calls, voice messages, and voice interactions at scale
• Integrate with existing CRM, helpdesk, and business systems
• Analyze conversation data and generate insights
• Train and customize AI models for specific use cases

2.2 Service Tiers

We offer multiple service tiers with different features, usage limits, and pricing:

• Free Trial: 14-day trial with limited usage (500 minutes)
• Starter: Basic features, suitable for small businesses (up to 5,000 minutes/month)
• Professional: Advanced features, integrations, priority support (up to 50,000 minutes/month)
• Enterprise: Custom solutions, dedicated support, SLA guarantees, unlimited usage

Detailed feature comparisons and pricing are available at vocalai.solutions/services.

2.3 Service Availability

We strive for 99.9% uptime for paid plans (99.99% for Enterprise plans with SLA). However, the Services are provided "as available" and may be subject to:

• Scheduled maintenance (with advance notice)
• Emergency maintenance for security or critical issues
• Force majeure events beyond our reasonable control

3. Account Registration and Security

3.1 Account Creation

To use the Services, you must:

• Provide accurate, complete, and current information
• Be at least 18 years old or the age of majority in your jurisdiction
• Have authority to bind your organization to these Terms (for business accounts)
• Maintain the security and confidentiality of your account credentials

3.2 Account Security

You are responsible for:

• All activities that occur under your account
• Maintaining strong passwords and enabling multi-factor authentication
• Immediately notifying us of any unauthorized access or security breach
• Ensuring that only authorized users access your account

3.3 Organization Accounts

For business or organization accounts:

• You represent that you have authority to bind your organization
• Your organization is responsible for all user actions under the account
• You must comply with your organization's internal policies
• You are responsible for managing user access and permissions

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Services for lawful business purposes, including:

• Customer service and support
• Sales and lead qualification
• Appointment scheduling and reminders
• Surveys and feedback collection
• Information and FAQ delivery

4.2 Prohibited Uses

You may NOT use the Services to:

• Illegal Activities: Violate any laws, regulations, or third-party rights
• Fraud or Scams: Engage in deceptive practices, phishing, or impersonation
• Spam or Abuse: Send unsolicited communications or engage in harassment
• Harmful Content: Transmit malware, viruses, or malicious code
• Unauthorized Access: Attempt to breach security measures or access other accounts
• Reverse Engineering: Decompile, disassemble, or reverse engineer the Services
• Excessive Use: Abuse rate limits or overwhelm our infrastructure
• Reselling: Resell or sublicense the Services without authorization
• Competitive Purposes: Use the Services to build a competing product
• Prohibited Industries: Use for adult content, gambling, weapons, or illegal substances (without prior approval)

4.3 Compliance with Laws

You must comply with all applicable laws, including:

• Telephone Consumer Protection Act (TCPA) for automated calls
• Do Not Call Registry regulations
• GDPR for processing personal data of EU residents
• CCPA for California consumer data
• Industry-specific regulations (HIPAA, PCI-DSS, etc.)

5. Fees and Payment

5.1 Pricing

Fees are based on:

• Subscription Tier: Monthly or annual subscription fee
• Usage: Voice minutes, API calls, storage, and additional features
• Overages: Usage beyond plan limits charged at published rates

Current pricing is available at vocalai.solutions/services and in your account dashboard.

5.2 Billing

• Billing Cycle: Monthly or annual, based on your plan
• Payment Method: Credit card, ACH transfer (Enterprise), or wire transfer (Enterprise annual)
• Automatic Renewal: Subscriptions renew automatically unless cancelled
• Invoice Payment Terms: Net 30 days for Enterprise customers

5.3 Taxes

Fees do not include taxes. You are responsible for all sales, use, VAT, GST, and other taxes (excluding taxes on our income).

5.4 Late Payment

If payment is overdue:

• We may charge a late fee of 1.5% per month (or the maximum allowed by law)
• We may suspend access to the Services after 10 days
• We may terminate your account after 30 days
• You remain liable for all unpaid fees plus collection costs

5.5 Refunds

• Free Trial: No refunds (free service)
• Monthly Plans: No refunds for partial months
• Annual Plans: Pro-rated refunds available within 30 days of upgrade (at our discretion)
• Enterprise Plans: Governed by your Master Services Agreement

5.6 Price Changes

We may change pricing with 30 days' notice. Price changes will not affect your current billing cycle but will apply upon renewal.

6. Intellectual Property Rights

6.1 VocalAI IP

VocalAI retains all rights, title, and interest in:

• The Services, platform, software, and APIs
• Our AI models, algorithms, and technology
• Our trademarks, logos, and brand elements
• Documentation, training materials, and know-how
• All improvements and derivative works

6.2 Customer Data and IP

You retain all rights to:

• Your business data, customer data, and content
• Voice recordings and conversation transcripts you upload
• Your trademarks, logos, and brand elements
• Custom configurations and integrations you create

6.3 License Grants

We grant you: A limited, non-exclusive, non-transferable license to access and use the Services during your subscription term, subject to these Terms.

You grant us: A limited license to process your data as necessary to provide the Services, including:

• Hosting and storing your data
• Processing voice conversations through our AI models
• Generating analytics and reports
• Using anonymized, aggregated data for service improvement (with your consent for AI model training)

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Services, we may use them without obligation or compensation to you.

7. Data Privacy and Security

7.1 Privacy Policy

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing Agreement

For enterprise customers processing personal data of EU residents, we will enter into a Data Processing Agreement (DPA) that includes Standard Contractual Clauses (SCCs) as required by GDPR.

7.3 Data Security

We implement industry-standard security measures, including:

• TLS 1.3 encryption for data in transit
• AES-256 encryption for data at rest
• SOC 2 Type II compliance
• Regular security audits and penetration testing

7.4 Data Backup and Retention

• We perform daily backups of customer data
• Backups are retained for 30 days
• Upon termination, data is retained for 30 days, then deleted
• You can export your data at any time

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• We have the right to provide the Services
• The Services will substantially conform to the documentation
• We will use commercially reasonable efforts to maintain service availability

8.2 DISCLAIMER OF WARRANTIES

8.3 AI Limitations

You acknowledge that:

• AI models may produce inaccurate or unexpected results
• Voice recognition accuracy varies with accents, background noise, and audio quality
• You are responsible for reviewing and validating AI outputs
• You should implement appropriate safeguards for mission-critical applications

9. Limitation of Liability

9.3 Exceptions

These limitations do not apply to:

• Our willful misconduct or gross negligence
• Violations of intellectual property rights
• Your indemnification obligations
• Liabilities that cannot be excluded by law

9.4 Enterprise SLA

Enterprise customers with a Service Level Agreement (SLA) may have different liability terms as specified in their agreement.

10. Indemnification

10.1 Your Indemnification

You agree to indemnify, defend, and hold harmless VocalAI and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms or applicable laws
• Your violation of third-party rights (privacy, IP, etc.)
• Content you upload or transmit through the Services
• Your end-users' interactions with voice AI agents

10.2 Our Indemnification

We will indemnify you against third-party claims that the Services infringe valid patents, copyrights, or trade secrets, provided you:

• Promptly notify us of the claim
• Give us sole control of the defense and settlement
• Reasonably cooperate in the defense

Our indemnification does not apply if infringement results from your modifications or misuse of the Services.

11. Term and Termination

11.1 Term

These Terms begin when you first access the Services and continue until terminated.

11.2 Termination by You

• You may cancel your subscription at any time from your account dashboard
• Cancellation is effective at the end of your current billing cycle
• No refunds for unused time in monthly plans
• You remain responsible for charges incurred before cancellation

11.3 Termination by Us

We may suspend or terminate your account:

• For Cause: Immediately if you violate these Terms, especially the Acceptable Use Policy
• For Non-Payment: After 30 days of overdue payment
• For Inactivity: After 6 months of no usage (with 30 days' notice)
• For Convenience: With 30 days' notice (rare, limited to free plans)

11.4 Effect of Termination

Upon termination:

• Your access to the Services will be disabled
• You must cease all use of the Services
• You may export your data within 30 days
• We will delete your data after 30 days
• All licenses granted under these Terms will terminate
• Provisions that by nature should survive will survive (payment obligations, warranties, indemnification, limitations of liability)

12. Dispute Resolution

12.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@vocalai.solutions and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), except:

• Claims for injunctive relief (e.g., IP disputes)
• Claims in small claims court (if eligible)
• Enterprise customers may opt out by written notice within 30 days

12.3 Arbitration Terms

• Location: San Francisco, California (or your principal place of business for Enterprise)
• Rules: AAA Commercial Arbitration Rules
• Costs: Each party pays their own costs; we pay arbitration filing fees
• Award: Final and binding; enforceable in any court

12.4 Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT INDIVIDUALLY, NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

12.5 Opt-Out

You may opt out of arbitration by sending written notice to legal@vocalai.solutions within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court under Section 13.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

13.2 Jurisdiction

For disputes not subject to arbitration, you consent to the exclusive jurisdiction of:

• State courts located in San Francisco County, California
• U.S. District Court for the Northern District of California

13.3 International Users

If you access the Services from outside the United States:

• You are responsible for compliance with local laws
• You consent to the transfer of data to the United States
• California law governs regardless of your location

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms or agreements, constitute the entire agreement between you and VocalAI.

14.2 Amendments

We may modify these Terms at any time. Material changes will be communicated via:

• Email to your account address
• In-product notifications
• Notice on our website

Continued use after changes become effective constitutes acceptance. For material changes, we may require affirmative acceptance.

14.3 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

14.4 Severability

If any provision is invalid or unenforceable, the remaining provisions remain in effect.

14.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to affiliates or in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

14.7 Export Compliance

You agree to comply with all export control laws and not to export or re-export the Services to prohibited countries or persons.

14.8 U.S. Government Rights

The Services are "commercial computer software" under FAR 12.212 and DFARS 227.7202. U.S. Government users acquire only the rights granted to other customers.

14.9 Third-Party Services

The Services may integrate with third-party services (CRMs, telephony providers, etc.). Your use of third-party services is subject to their own terms and privacy policies.

15. Contact Information

Legal Department

Email: legal@vocalai.solutions
Mail:
VocalAI Solutions, Inc.
Attn: Legal Department
350 Rhode Island Street, Suite 240
San Francisco, CA 94103
United States

Support and Questions

For non-legal questions:

• General Support: hello@vocalai.solutions
• Billing Questions: billing@vocalai.solutions
• Technical Support: Contact Form