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Terms Of Service

Terms Of Service

Last edited on Feb 10, 2024

Terms Overview

These Terms of Service ("Terms") constitute a legal contract between Amy Insight Inc., LLC ("Voxia") and the individual or entity using or accessing the Voxia AI Calls platform services ("Subscriber"). These Terms encompass Voxia's platform services, including programs, features, account portals, and technical support ("Services"). By accessing or using the Services, Subscriber, whether paid or unpaid, agrees to comply with these Terms.  

Subscription

Voxia grants Subscriber, at all times while accessing the Service, a limited, non-exclusive, non-transferable, non-sublicensable, revocable, non-assignable right to access and display web pages within https://www.voxia.ai ("Site") solely for Subscriber's internal business purposes, conditioned on not modifying the content, preserving copyright notices, and accepting accompanying terms, conditions, and notices ("Site Content").

Software and Materials

The Site and its content are protected by copyright. Subscriber will not: (a) copy, republish, transmit, create or enable the creation of derivative works, modifications, or adaptations of the Services; (b) decompile, reverse engineer or disassemble the Services; (c) distribute or disclose the Services to third parties other than as expressly permitted hereunder; (d) use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Services; (e) rent, sublicense, transfer or assign the Services to any third party or otherwise allow any third party to use the Services; (f) interfere with, burden or disrupt the Services’ functionality; or (g) use the Services for any purpose other than as set forth in these Terms.

Changes to Services

Voxia may make improvements or changes to the Services without notice, except when adversely affecting Subscriber's rights, prompting Voxia to provide prior notice.

Subscriber Representations and Warranties

Subscriber represents and warrants that: (i) it is duly organized, validly existing and in good standing under the applicable laws of the state of its incorporation or formation; (ii) it has the right and full power and authority to enter into these Terms; (iii) it will comply, at all times, with all applicable laws and regulations in connection with its use of the Services and performance hereunder; (iv) its access to and collection, use, relocation, storage, disclosure, transfer, and disposition of Subscriber Data (as defined below) shall comply with all applicable laws and regulations; (v) no Subscriber Data (a) infringes any intellectual property or other rights of any third party, (b) contains any defamatory, libelous, pornographic or otherwise offensive material, or (c) contains any viruses, worms or other harmful or disruptive component; and (vi) it has the legal right and ability to provide the Subscriber Data for the purposes set forth herein.

Certain Disclaimers

Information on the Site is not guaranteed to be correct, current, or complete. The Site may contain technical inaccuracies or typographical errors. Voxia is not responsible for updating the Site's information and disclaims any responsibility for the accuracy or completeness of posted information. Subscriber should verify information before making decisions related to the Services. References on the Site to third parties or links to third party services are not endorsements. Voxia is not responsible for the quality or delivery of products or services offered on such third-party services.

Ownership

Voxia retains all rights and title to the Services  and the written content and materials of the Site (“Documentation”), and any copies thereof in any form. These Terms grant Subscriber a limited subscription to access and use the Services and not a contract of sale for the Services. All Intellectual Property Rights in and to the Services and Documentation are retained by Voxia. “Intellectual Property Rights” means all proprietary information including, without limitation, patents, patent applications, trademarks, trade names, service marks, certification marks, collective marks, designs, processes, inventions, licenses, copyrights, know-how and trade secrets relating to the origin, design, manufacture, programming, operations, function, configuration, or service of the Services. Subscriber agrees not to remove, deface, or destroy any copyright, patent notice, trademark, service mark, other proprietary markings, or confidential legends placed on or within the Services, the Documentation, and any copies thereof in any form. All rights not granted hereunder by Subscriber are expressly reserved by Voxia.

Subscriber Data

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  1. Ownership. Voxia acknowledges that Subscriber owns all right, title, and interest, in the information, data, and content submitted, posted, or transmitted through the Services by Subscriber ("Subscriber Data").
  2. License. Subscriber hereby grants Voxia a non-exclusive, royalty-free license to use, copy, perform, reproduce, display, store, analyze, process, and distribute Subscriber Data for the limited purpose of fulfilling obligations under these Terms. Voxia commits to using Subscriber Data in aggregate and anonymized form, refraining from using Subscriber's Confidential Information (as defined below) for training its platform or third-party AI models.
  3. Usage Data. Notwithstanding anything to the contrary herein, Subscriber acknowledges that Voxia may obtain usage, technical, and statistical data regarding Subscriber's use of the Services ("Usage Data"). Voxia, as the sole owner of Usage Data, may transfer, use and disclose it in aggregated and anonymized form, ensuring removal of personal information or any data identifying Subscriber.

Confidentiality

  1. Definition of Confidential Information. A party (“Receiving Party”) may, while accessing the Service, acquire information of the other party (“Disclosing Party”) that such Disclosing Party designates in writing as confidential or that a reasonable person would understand to be confidential ("Confidential Information").
  2. Treatment of Confidential Information. The Receiving Party shall not disclose Confidential Information except on a need-to-know basis to certain individuals and shall use it only for fulfilling obligations under these Terms.
  3. Return and Remedies. Upon request or termination, the Receiving Party shall promptly return or destroy all copies of Confidential Information. The Receiving Party acknowledges that unauthorized disclosure would cause irreparable harm, allowing the Disclosing Party to seek injunctive relief and pursue other legal remedies.

Indemnification

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Subscriber shall indemnify, defend and hold Voxia, its affiliates and their respective directors, officers, employees and independent contractors harmless (the “Company Indemnified Parties”) from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys’ fees resulting from or arising out of any claim, suit, action, arbitration or proceeding brought by a third party against an Company Indemnified Party relating to: (a) any breach by Subscriber of any of its representations, warranties, covenants or obligations hereunder; (b) infringement or misappropriation of any Intellectual Property Rights by Subscriber; or (c) any negligence or willful misconduct of Subscriber or its representatives.

Limited Liability

  1. IN NO EVENT WILL VOXIA BE LIABLE TO SUBSCRIBER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THESE TERMS, REGARDLESS OF WHETHER VOXIA WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL VOXIA’S LIABILITY TO SUBSCRIBER UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID TO VOXIA BY SUBSCRIBER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE IN WHICH THE CAUSE OF ACTION AROSE. NO ACTION SHALL BE BROUGHT BY VOXIA FOR ANY CLAIM RELATING TO OR ARISING OUT OF THESE TERMS MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
  2. SUBSCRIBER IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL ACTS OR OMISSIONS THAT IT, ITS AUTHORIZED USERS OR OTHERS ON ITS BEHALF CONDUCT IN CONNECTION WITH ITS USE OF THE SERVICES AND OUTPUT DATA, AND FOR ALL CONSEQUENCES RESULTING FROM SUCH ACTIVITIES OR ACTIONS.
  3. VOXIA IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BODILY HARM OR DAMAGE TO PROPERTY, CAUSED AS A RESULT OF SUBSCRIBER'S OR ITS AUTHORIZED USERS’ DECISION TO ACT IN ONE WAY OR ANOTHER BASED ON ANY OUTPUT DATA AND ANY OTHER CONTENT PRODUCED BY THE SERVICES. ANY RELIANCE ON ANY OF THE FOREGOING IS AT SUBSCRIBER’S FULL AND EXCLUSIVE RISK.  

No Warranty Disclaimer

OTHER THAN THE LIMITED WARRANTY BY VOXIA THAT THE SERVICES WILL NOT KNOWINGLY INFRINGE ON ANY THIRD-PARTY RIGHTS AND ARE FREE FROM HARMFULCODE, VOXIA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AND SUBSCRIBER HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND/OR OUTPUT DATA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SUBSCRIBER IS GRANTED THE RIGHT TO ACCESS AND USE THE SERVICES ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ENFORCEABILITY, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

Compliance with Laws

Subscriber agrees to use the Services in accordance with all applicable laws and regulations and will refrain from using the Services for, or in conjunction with, any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law applicable I the jurisdictions where Subscriber engages in activity or business. This includes compliance with the Telephone Consumer Protection Act of 1991 ("TCPA") and all relevant teleservices, privacy, spam, consumer protection, unfair competition, false advertising and data security laws.

Compliance with Telecommunication Regulations

Voxia and its Subscribers commit to full compliance with the Telephone Consumer Protection Act (TCPA) and FCC regulations regarding the use of artificial intelligence (AI) technologies in communications. Given the FCC's declaratory ruling adopted on February 2, 2024, as published here in this link https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf, which clarifies that AI-generated voice calls, including those using voice cloning technology, fall under the TCPA's restrictions, Voxia implements the following conditions:

  1. AI-Generated Voice Communications: Subscribers must ensure that any use of AI technologies, including but not limited to voice cloning, to generate voice communications through the Voxia platform is conducted with full adherence to TCPA requirements. This includes obtaining prior express consent from called parties before initiating calls using AI-generated or prerecorded voices, except in cases of emergency purposes or where an exemption applies as defined by the TCPA and FCC rulings.
  2. Prior Express Consent: Subscribers are solely responsible for obtaining, documenting, and maintaining records of the prior express consent from the individuals before making any calls using Voxia’s AI technologies that generate human-like voices or engage in voice cloning.
  3. Compliance and Liability: Subscribers acknowledge and agree that they are solely responsible for ensuring that their use of Voxia’s services, including AI-generated voice communications, complies with all applicable laws and regulations, including the TCPA and related FCC rulings. Subscribers agree to indemnify, defend, and hold harmless Voxia against any claims, damages, fines, penalties, or liabilities arising from any breach of telecommunications laws or regulations.
  4. Use of AI Technologies: Voxia provides AI technologies, including voice cloning, as part of its service offerings, under the condition that these technologies are used responsibly and in compliance with legal requirements. Voxia reserves the right to review, monitor, or terminate services to any Subscriber found to be in violation of TCPA regulations or other applicable laws related to the use of AI in telecommunications.
  5. Transparency and Identification: In line with FCC requirements, all AI-generated voice messages transmitted through the Voxia platform must clearly disclose at the beginning of the message the identity of the business, individual, or entity initiating the call. Furthermore, messages must include a mechanism for the recipient to opt-out of future calls, where applicable, and adhere to all disclosure and consent requirements mandated by law.
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Dispute Resolution

Any dispute shall be resolved by arbitration, conducted in accordance with American Arbitration Association rules and procedures. Both parties waive the right to join claims in class actions or class arbitration. Judgment on the award rendered by the arbitrator may be entered for enforcement purposes. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR WITH RESPECT TO THESE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR RELATING OR INCIDENTAL HERETO.

Governing Law

These Terms are governed by the laws of the State of Delaware. Claims, disputes, and suits must be brought exclusively in state or federal courts located in Delaware. Each party irrevocably consents to the jurisdiction of the courts located in the State of Delaware for all suits or actions arising out of these Terms. Each party hereto waives to the fullest extent possible, the defense of an inconvenient forum, and each agrees that a final judgment in any action will be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Export Laws and International Privacy

Both parties agree to comply with all U.S. and applicable export laws and regulations. Subscriber is not permitted to use the Services for processing personal data of EU, EEA, UK, or Swiss data subjects or persons located outside the United States of America.

Severability and Survivability

If any provision of these Terms is held contrary to law or unenforceable, the remaining provisions shall remain in full force. Provisions related to disclaimer of warranties, limitation of liability, and indemnification survive termination.

Waiver

No term or provision of these Terms shall be deemed waived unless in writing and signed by the waiving party. A waiver of one breach does not waive subsequent breaches.