Please read these Terms of Service ("Terms") carefully. By accessing or using the VoiceConvo.ai services, you agree to be bound by these Terms, forming a legally binding agreement between you (the individual or entity using the service) and VoiceConvo.ai ("we," "us," or "our"). If you are using the services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, in which case "you" refers to the organization as well.
If you do not agree to these Terms, you must not use the VoiceConvo.ai services.
These Terms will remain in effect until terminated as described below.
You also agree to abide by our Privacy Policy (incorporated herein by reference), which describes how we collect, use, and protect your information. Certain features may be subject to additional guidelines or agreements, which will become part of these Terms upon your acceptance of them.
VoiceConvo.ai provides a platform and control interface for creating and managing AI-powered voice and chat agents. Our platform allows you to configure, deploy, and orchestrate virtual agents that engage in real-time voice or text-based conversations with end users. In delivering these services, VoiceConvo.ai integrates multiple third-party infrastructure components for functionalities such as speech recognition, language processing/generation by AI models, text-to-speech voice synthesis, telephony connectivity (e.g. phone calls), and real-time communications. In essence, our service acts as an orchestration and control layer over these specialized modules provided by third parties. This integrated approach enables your AI agents to converse in a human-like manner across voice or chat channels, while you manage settings and behavior through our web-based dashboard and APIs.
VoiceConvo.ai's platform utilizes third-party service providers (collectively, "Third-Party Providers") to perform critical functions of the service, including but not limited to speech-to-text transcription, AI/LLM processing, text-to-speech audio generation, telephony services (such as phone number provisioning and call routing), and streaming of audio/data. These Third-Party Providers operate their own services that are simply accessed through our platform's interface. You acknowledge and agree that we may share data (including audio and text content from your interactions) with such providers as necessary to enable the services, and that such data will be handled according to each provider's terms and privacy policies.
VoiceConvo.ai does not make any representations or warranties on behalf of these Third-Party Providers, nor are we an agent or guarantor of their services. You further understand that the performance and availability of our Services may depend on these external services, and therefore that VoiceConvo.ai is not responsible for any failures, errors, or downtimes caused by Third-Party Provider infrastructure. We reserve the right to change or substitute Third-Party Providers in our platform at our discretion, in order to maintain or improve the Services.
Because VoiceConvo.ai is offered as a white-labeled integration of various backend platforms, you are not required to supply your own API keys or accounts for those third-party services. All required third-party integrations are provided through VoiceConvo.ai's system. Accordingly, you must use the integrated connections provided by VoiceConvo.ai and may not bypass the platform to directly invoke third-party services. All usage of third-party services through our platform will be billed to you by VoiceConvo.ai as described in the Fees section, and you will not typically have a direct contractual relationship with those third-party vendors for the services used within VoiceConvo.ai.
To use VoiceConvo.ai, you must create an account and provide accurate, current, and complete information as prompted. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to promptly notify us of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to keep your account credentials secure. You must keep your account information (such as contact and billing details) up-to-date at all times.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services, and not barred from using the Services under applicable law. By using VoiceConvo.ai, you affirm that you have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party.
VoiceConvo.ai may offer its Services on a subscription or usage-based model. You agree to pay all fees specified for your plan, including any base subscription fees and passthrough usage fees incurred via the integrated Third-Party Providers. For example, usage-based fees may include charges for minutes of audio processed, characters or tokens of text generated, telephony minutes used, etc., which are aggregated through our platform and billed to you. These usage fees are generally determined by the underlying third-party costs and are passed through to you in our pricing.
VoiceConvo.ai will bundle the costs of third-party services into your overall bill, and may itemize such usage in invoices or account statements. You understand that you do not provide your own API keys for third-party services on this platform; instead, all usage is routed through VoiceConvo.ai's integrations, and VoiceConvo.ai in turn charges you according to consumption.
Fees will be charged in the currency and on the schedule identified when you signed up (for instance, charges may be billed in advance on a monthly or annual subscription cycle, with additional usage fees billed in arrears, or on a pay-as-you-go basis). You authorize VoiceConvo.ai to charge your provided payment method for all amounts due. If any payment is past due, we may suspend or terminate your access to the Services after providing notice and an opportunity to cure, if required by law. Unless otherwise stated, all fees are exclusive of taxes or duties (such as sales, use, VAT, or withholding taxes). You are responsible for any applicable taxes, except taxes on our net income. We reserve the right to change our fees or introduce new fees with reasonable notice to you (for example, by email or via the Service); your continued use of the Service after the effective date of fee changes constitutes your agreement to the new fees.
Except as expressly provided in these Terms or as required by law, all fees paid are non-refundable. If you terminate the Service or if we terminate the Service due to your breach, you will not be entitled to a refund of any fees already paid. If we terminate the Service for convenience (and not due to your breach), we will refund any pre-paid fees on a pro-rata basis for the remaining unused period.
You are responsible for all usage of the Services under your account, including any unintended or excessive usage. VoiceConvo.ai may provide you the ability to set usage limits or alerts, but we do not automatically stop or prevent usage if you exceed your expected or allocated amounts unless you have explicitly configured such limits. This means that unless you have set up restrictions, our system will continue to process incoming interactions (calls, chats, etc.) and you will be liable for the associated usage fees even if they exceed your planned budget or expectations. Please monitor your usage and configure any available limits to avoid surprise charges. VoiceConvo.ai shall not be responsible for any costs incurred due to your failure to properly control your usage of third-party services through our platform.
By using VoiceConvo.ai, you agree to use the Services in a lawful and responsible manner. You are solely responsible for the design, configuration, and behavior of the AI voice and chat agents that you deploy using our Services. This means you are responsible for all content presented to end users by your agents and the consequences of such content or interactions. You must ensure that your agents' behavior and outputs (and your use of the Services) comply with all applicable laws and regulations, as well as with any guidelines we provide.
You will not use the Services to violate any law or regulation, including (without limitation) laws governing telemarketing, spam, privacy, data protection, intellectual property, or the recording of communications. For example, if you use VoiceConvo.ai to place or receive calls, you are responsible for ensuring you have any necessary consents to record calls or to contact individuals, and for complying with "do not call" rules or other consumer protection laws. You agree not to use the Services to harass, defraud, deceive, or cause harm to anyone. You also agree not to use your AI agents to generate content that is defamatory, obscene, infringing, personally identifiable (without consent), or otherwise illegal or tortious.
VoiceConvo.ai does not proactively monitor the content or performance of your agents, so it is your responsibility to supervise and test them to ensure they function as intended and in a manner that is appropriate for your use case. We expressly disclaim any responsibility for the content generated by your AI agents or any actions they take as configured by you, and you agree that you use and deploy them at your own risk.
You are responsible for properly configuring your AI agents through our interface and reviewing their performance. This includes selecting appropriate language models, setting prompts or knowledge bases, choosing voice profiles, and defining any logic or rules to guide the agent. You must also monitor the agent's interactions (especially in the early stages of deployment) and make adjustments as needed to avoid undesired behavior. If you become aware of any issue with your agent (for example, it gives incorrect or harmful responses), you should take prompt steps to correct or disable it.
VoiceConvo.ai provides you with a toolkit to control your agents, but you are ultimately in control of and accountable for their behavior.
You will not interfere with or disrupt the VoiceConvo.ai Services or servers (e.g., by malicious code, denial of service attacks, or exploiting vulnerabilities). You will not attempt to reverse engineer, decompile, or extract the source code or underlying algorithms of our software, except to the extent allowed by law. You will not bypass any security or access controls of the Service. Additionally, you may not misuse the third-party integrations by attempting to use them outside our platform or in violation of the third-party providers' terms of use. Any use of third-party services obtained via VoiceConvo.ai must adhere to the usage policies of those providers (for example, content policies for AI model usage); if your use causes a provider to suspend or ban our access, we may terminate or suspend your Service.
VoiceConvo.ai reserves the right to suspend or terminate your access to the Services for any abusive or unauthorized usage. You agree to cooperate with us in investigating any suspected or actual breach of these Terms.
All rights, title, and interest in and to the VoiceConvo.ai Services, including the software, algorithms, documentation, user interfaces, website, dashboards, and any VoiceConvo.ai trademarks or branding, are and will remain the exclusive property of VoiceConvo.ai and its licensors. The Services may include material licensed from third parties, which remains the property of those third-party licensors. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the VoiceConvo.ai Services during the term of your agreement, solely for your internal business purposes in connection with deploying your AI agents. No rights or licenses are granted to you by implication or otherwise except for the limited rights expressly granted herein. You will not remove or alter any copyright, trademark, or other proprietary notices on the Services.
Your Content refers to any data, information, or material that you or your end users input, upload, or transmit into the VoiceConvo.ai platform, including but not limited to prompts, scripts, profiles, audio recordings of voices, text transcripts, conversation logs, or any other content provided through your use of the Services.
You retain all rights and ownership in Your Content. VoiceConvo.ai does not claim any ownership rights in Your Content, and nothing in these Terms will be construed to restrict your rights to use Your Content independently of the Service.
By using our Service, you grant VoiceConvo.ai a worldwide, royalty-free, sublicensable (to our infrastructure and cloud providers, and integrated Third-Party Providers) license to host, copy, transmit, modify, and process Your Content solely as necessary to provide the Services to you. This means we and our service providers can handle your data for purposes such as processing speech and text through AI models, generating responses, converting text to speech, recording/transcribing calls if you enable that, and storing configuration or conversational data as needed for service functionality. We will not use Your Content for any purposes outside of providing and improving the Service as permitted by these Terms.
Except for the license you grant above, you retain all intellectual property rights in Your Content. We do not use Your Content to train our own AI models or to improve our services for others without your explicit permission. (See Section 7 on Data Usage and Privacy for more details on data handling.) If you choose to stop using VoiceConvo.ai and terminate your account, you can export or delete Your Content from the platform, and upon your request, we will delete or anonymize any stored Content in our possession, except to the extent we are permitted or required to retain it by law or for legitimate business purposes (e.g., backup archives or audit logs).
If you provide Feedback or suggestions to VoiceConvo.ai about our Services (for example, ideas for improvements or new features), you acknowledge that such Feedback is given voluntarily and we are free to use it without obligation or restriction. You hereby grant VoiceConvo.ai a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate any feedback or suggestions you provide into our products and services, without any compensation to you.
If you use any third-party content in conjunction with the Services (for example, if you upload audio recordings, scripts, or datasets that you obtained from a third party), you must ensure you have all necessary rights and licenses to that content. VoiceConvo.ai will not be responsible if Your Content includes material that you lack rights to use. You agree not to input or expose the Service to any third-party content that infringes someone else's intellectual property or proprietary rights. VoiceConvo.ai may delete or disable content upon receiving credible notices of infringement (such as DMCA takedown notices).
Your trust and data security are important to us. VoiceConvo.ai will handle data in accordance with the following principles:
We will use the data you (or your end users) provide through the Service solely for the purpose of delivering the VoiceConvo.ai Services and any related support or troubleshooting. This includes routing data to Third-Party Providers as needed for processing (e.g., sending audio to a speech-to-text service or text to an AI language model) and temporarily caching or storing data to maintain conversational context or perform analytics that you have enabled.
We do not use Your Content or any personal data derived from it to train our machine learning models or any third-party models, nor to profile or target you or your end users for marketing. The only analyses we perform on your data are those necessary to provide and optimize the Services for you (for example, measuring latency or conversion rates, or detecting and filtering sensitive content in real-time for safety purposes).
By default, VoiceConvo.ai does not retain detailed conversation transcripts, audio recordings, or message content for longer than necessary to facilitate each real-time interaction. In other words, we operate the Service with short-term processing: once an AI response is generated and delivered (and any transient logs for debugging or quality control are completed), the content of conversations is not stored on a long-term basis without your consent. We may retain high-level usage data (e.g., aggregate metrics, duration of calls, number of messages) for billing, analytics, and service improvement, but not the full content of conversations. If you desire longer-term storage of conversation data (for example, for compliance, training your own models, or record-keeping purposes), you must explicitly enable such a feature (if available) or make a written request and reach an agreement with us. Only if explicitly agreed by both parties will VoiceConvo.ai retain conversation transcripts or recordings beyond the ephemeral period, and then only for the agreed-upon purposes. Unless you have opted in to a data retention program, no long-term conversation storage will occur.
In particular, if you choose a high-privacy mode or similar setting that we may offer, we will ensure that no call logs, recordings, or transcriptions are stored by us during or after your calls, and no information from your interactions is utilized for training any AI models. If you opt for features that involve persistence (e.g., saving transcripts for review or enabling learning behaviors), you understand that you are granting us the ability to store and process that data, and we will do so only to serve your needs and in line with what is described at the time of opt-in. In no case will we use even persisted conversation data to train any general AI models except potentially to improve your own agent's performance in ways explicitly communicated (for example, tuning its responses or improving speech recognition for your specific vocabulary), and only with your permission.
VoiceConvo.ai is committed to data privacy and security best practices. We comply with applicable data protection laws, including the principles of the EU General Data Protection Regulation (GDPR), for any personal data processed through our Service. In GDPR terms, for personal data contained in Your Content, you are the "Data Controller" (determining the purposes and means of processing) and VoiceConvo.ai is typically a "Data Processor" acting on your instructions to provide the Service. We will only process personal data to provide the Services and follow your instructions as outlined in these Terms and our Privacy Policy. We implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or disclosure, commensurate with the risks and industry standards. These measures include encryption of data in transit, access controls, and regular security assessments.
We do not sell personal data or share it with third parties for marketing or other independent purposes. Data is shared only with the Third-Party Providers as needed to perform the Service, and each such provider has committed to handling data in accordance with applicable privacy regulations (for example, many of our providers also affirm they do not use customer-submitted data to train their models). You agree that VoiceConvo.ai may transfer and store Your Content and personal data in the United States or other countries as needed for operation of the Service (including countries where our Third-Party Providers have infrastructure), and, if you or your users are in the European Economic Area (EEA), you acknowledge that such transfers are necessary for the performance of the contract between you and VoiceConvo.ai. We will take steps to ensure adequate protection for personal data in case of international transfer, such as utilizing standard contractual clauses or relying on providers certified under appropriate frameworks.
You are responsible for obtaining any necessary consents or legal bases for the personal data that is processed via VoiceConvo.ai. If your end users will be interacting with an AI agent, you should provide any required notice or disclosure to them (for example, if a call is recorded or if an AI is conversing with them rather than a human, where required by law or your policies). If any children's personal data (under 16, or applicable age) is to be processed, you must comply with parental consent requirements (though our Services are not intended for children-directed use). You should not submit any sensitive personal data (e.g., health, biometric, financial, or other special categories) unless you have implemented appropriate measures and the Service features support handling such data in a compliant way.
If you are subject to GDPR or similar regimes and require a data processing agreement (DPA) with us, we will provide one upon request to further document our roles and responsibilities regarding personal data. VoiceConvo.ai will cooperate with you in good faith to fulfill data subject rights requests and compliance obligations, to the extent applicable (for instance, assisting in deleting or retrieving personal data, or providing details of processing activities).
VoiceConvo.ai provides the Services on an "as is" and "as available" basis, with all faults and without any warranty of any kind, to the fullest extent permitted by law. You expressly acknowledge that use of the Services is at your sole risk. VoiceConvo.ai and its suppliers disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no guarantee that the Services will meet your requirements or expectations, or that the results produced (including AI-generated outputs) will be accurate, reliable, or suitable for any particular use.
You understand that the AI technologies powering our Services are rapidly evolving and inherently probabilistic. The AI models may generate responses or behaviors that are unexpected, incorrect, or even inappropriate in certain contexts. VoiceConvo.ai does not warrant or guarantee that your AI agents' outputs will be error-free, 100% safe, or conform to any specific standards of accuracy or quality. You are responsible for verifying important results and for using the AI outputs in an appropriate and discerning manner. We also do not warrant that any speech recognition will perfectly transcribe audio, or that text-to-speech voices will meet your expectations in sound quality. All such outputs are provided without warranty of any kind.
VoiceConvo.ai makes no representation or warranty that the Services will be uninterrupted, timely, secure, or error-free. While we strive for high availability, the Services may be subject to delays, outages, or other disruptions, including those outside our control. We specifically do not guarantee the availability or quality of service of any Third-Party Provider component – for instance, we cannot guarantee that phone calls will always connect, that network routes will always be available, or that an AI model will always produce a sensible answer. You accept that downtime or performance issues may occur. We will attempt to notify you of significant outages or issues when feasible and will work to restore service as soon as practicable, but we shall not be liable for any such interruptions.
No advice or information, whether oral or written, obtained from VoiceConvo.ai or through the Services, shall create any warranty not expressly stated in these Terms. You acknowledge that neither VoiceConvo.ai nor its authorized representatives have made any representation or warranty regarding the Services except as expressly provided in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent that such laws apply to this agreement, the above exclusions will apply to the maximum extent permitted by law, and any warranty required by law will be limited in duration to the minimum period legally required.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY (OR VOICECONVO.AI'S SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS of legal theory (whether in contract, tort, or otherwise) and even if the liable party has been advised of the possibility of such damages. This limitation includes, for example, damages arising from your AI agents making incorrect statements or decisions, from any malfunction in third-party services, or from unauthorized access to or loss of your data.
Except for the indemnification obligations stated in Section 10 and your obligation to pay fees, each party's total cumulative liability under these Terms is limited to the greater of US $100 or the total amount you have paid to VoiceConvo.ai in the twelve (12) months immediately prior to the event giving rise to liability. If applicable law does not allow limitation of liability for certain damages, the liabilities will be limited to the fullest extent permitted by law. These limitations and exclusions apply even if a remedy fails of its essential purpose.
In addition to the above, you agree that VoiceConvo.ai has no liability whatsoever for any actions or inactions of Third-Party Providers. This means we are not responsible for damages or losses arising from the failure of any integrated third-party service (such as telephony outages, AI model errors, or security breaches on a provider's system). Any remedy for issues caused by a third-party service must be sought against that third party, not VoiceConvo.ai. VoiceConvo.ai's sole responsibility in such cases is limited to reasonably cooperating with you in communicating with the third-party provider (to the extent we have a channel to do so).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not fully apply to you. In such cases, the liability of VoiceConvo.ai and its affiliates will be limited to the greatest extent permitted by law.
You acknowledge that VoiceConvo.ai has set its prices and provided access to the Services in reliance on the disclaimers of warranties and the limitations of liability set forth herein, and that these provisions form an essential basis of the bargain between you and us. You agree that the limitations apply even if any limited remedy is found to have failed of its essential purpose.
Nothing in this Section 9 is intended to limit or exclude liability that cannot be limited or excluded under applicable law (for example, certain liabilities for gross negligence or willful misconduct, or statutory liability that cannot be waived).
Also, for clarity, the limitations of liability in this Section do not apply to your payment obligations or your indemnification obligations described in Section 10 below, which shall be uncapped to the extent of actual damages incurred.
You agree to indemnify, defend, and hold harmless VoiceConvo.ai and its officers, directors, employees, agents, affiliates, and licensors (the "VoiceConvo Parties") from and against any and all third-party claims, liabilities, losses, damages, or expenses (including reasonable attorneys' fees) that arise out of or relate to: (a) Your Content (including any claim that content or data you provided or your AI agent's output infringes or misappropriates a third party's intellectual property or privacy rights, or is defamatory or otherwise causes harm); (b) your use of the Services (including any actions by your deployed AI agents or any communications with your end users), in violation of these Terms or applicable law; or (c) your breach of these Terms. This indemnification obligation means you will defend VoiceConvo Parties against such claims at your expense, and pay any settlement amounts or damages, liabilities, and costs finally awarded by a court or agreed to in settlement. We will provide you with prompt notice of any such claim and reasonable cooperation (at your expense) in the defense. You may not settle a claim in a manner that admits liability or imposes obligations on VoiceConvo.ai without our prior written consent. VoiceConvo.ai reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), in which case you agree to assist and cooperate with us in asserting any available defenses.
VoiceConvo.ai endeavors to respect intellectual property rights. If a third party brings a claim that the VoiceConvo.ai platform (excluding any of Your Content or third-party components integrated into the Service) directly infringes that third party's patent, copyright, or trademark, we will defend you against that claim and indemnify you from the resulting costs and damages finally awarded, provided that you promptly notify us of the claim and give us sole control of the defense and settlement (and your cooperation). If any part of the Service is finally adjudged to infringe IP rights of a third party, or if in our judgment is likely to be found infringing, we may, at our option: (i) obtain the right for you to continue using that part of the Service; (ii) modify it so it becomes non-infringing; or (iii) if the above are impracticable, terminate your use of that part of the Service and refund any prepaid fees for the terminated portion. This section states VoiceConvo.ai's entire liability and your exclusive remedy for any infringement by our Service of third-party intellectual property rights. (This IP indemnity does not apply to claims based on your use of the Service in violation of these Terms or in combination with anything not provided by VoiceConvo.ai.)
These Terms and any dispute arising out of or related to them or the Services will be governed by the laws of the State of Colorado, USA, excluding its conflict of laws principles. However, the U.S. Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) will govern the interpretation and enforcement of the arbitration agreement and any of its provisions. The Services are offered globally, but you agree that the laws of Colorado will apply to your use of the Service and these Terms (unless otherwise required by international mandatory law in your jurisdiction, in which case you agree to yield to such requirements only to the minimal extent necessary).
Before filing any claim against VoiceConvo.ai, you agree to first try to resolve the dispute informally by contacting us at our support or legal contact email and providing a brief written description of your dispute and your desired resolution. We will respond within a reasonable time and attempt to resolve the issue informally. If the dispute is not resolved within 30 days from the initial notice, either party may then proceed to the next steps below.
You and VoiceConvo.ai agree that all disputes, controversies, or claims arising out of or relating to these Terms or the use of the Services (each, a "Dispute") shall be resolved solely by binding arbitration on an individual basis, except as set forth under "Exceptions" below. This means that you are waiving your right to a trial by jury and your right to have a court resolve any Dispute. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable based on the nature of use) in effect at the time the arbitration is initiated. A single neutral arbitrator will conduct the arbitration. The arbitration may be held telephonically or via video conference, or if in-person hearings are required, they will take place in Denver, Colorado, USA, unless you and VoiceConvo.ai agree otherwise or the arbitrator orders a different location for fairness. The arbitration proceedings and outcome will be confidential, except to the extent disclosure is necessary to enforce the award or as required by law.
The arbitrator has the authority to award any relief that a court of competent jurisdiction could award, including individual injunctive or declaratory relief, and the arbitral award may be entered as a judgment in any court having jurisdiction. The arbitrator shall apply the governing law stated in these Terms.
Notwithstanding the above, either party may choose to bring an individual claim in a small claims court of appropriate jurisdiction if the claim is within that court's jurisdictional limits. Additionally, either party may seek injunctive relief in court to prevent actual or threatened infringement of intellectual property rights, unauthorized use or abuse of the Services, or a breach of confidentiality, without first engaging in arbitration.
In such cases, once the injunctive relief is obtained or if the injunctive claim is resolved, the remainder of the dispute (if any) shall be resolved by arbitration as above. Also, nothing in this agreement prohibits you from reporting issues to federal, state, or local agencies and such agencies may seek relief against us on your behalf.
You and VoiceConvo.ai agree that any Dispute is personal to you and VoiceConvo.ai, and will be resolved solely through individual arbitration and not as a class action, representative action, collective action, or class arbitration. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING (INCLUDING A CLASS ARBITRATION) AGAINST US. Only individual relief is available, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If a court of competent jurisdiction finds the foregoing class action waiver unenforceable with respect to a particular claim, then that claim (and only that claim) will be severed from the arbitration and may proceed in court, subject to the right of appeal. In such case, the claim shall be litigated exclusively in the state or federal courts located in the State of Colorado, and both you and VoiceConvo.ai consent to the personal jurisdiction of those courts. The remaining claims that are enforceable under the class action waiver shall be resolved by arbitration. Under no circumstances shall any arbitration be conducted on a class basis.
If you do not wish to agree to arbitration and class-action waiver, you must notify us in writing within 30 days of first accepting these Terms, otherwise you are bound by these provisions. Your written notification must be mailed to us at the contact address listed on our website and must include: (1) your account name, (2) your name (and company name if applicable), and (3) a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration will not terminate any other provision of these Terms, including the class action waiver (which will still apply in court).
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VOICECONVO.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
This Section 11 will survive termination of the Services or these Terms. If for any reason the arbitration agreement is found not to apply to a given Dispute, you and VoiceConvo.ai agree that any litigation of that Dispute will be brought exclusively in the state or federal courts in Denver, Colorado (subject to the small claims exception above), and both parties consent to venue and personal jurisdiction there.
VoiceConvo.ai may update or modify these Terms from time to time. If we make material changes, we will notify you by email (sent to the address registered with your account) or by posting a notice within the Service. We will also update the "Last Updated" date at the top of this document when changes occur. Any changes to these Terms will be effective immediately for new users and, for existing users, 30 days after we provide notice of the changes (unless a longer period is required by applicable law). In some cases – for example, to comply with legal requirements – the changes may need to become effective sooner. If you do not agree to the revised Terms, you must stop using the Services before the new Terms take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
No change or modification of these Terms will apply to any dispute that VoiceConvo.ai had actual notice of prior to the effective date of the change.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign these Terms without consent will be null and void. VoiceConvo.ai may freely assign or transfer this agreement (in whole or in part) to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or by operation of law. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
Neither VoiceConvo.ai nor you will be liable for any failure or delay in performance of an obligation under these Terms (except payment obligations) if such failure or delay is due to causes beyond a party's reasonable control, such as acts of God, fire, flood, earthquake, pandemic, war, terrorism, government action, labor conditions, power or internet failures, or other events of force majeure. The affected party shall give notice of the force majeure event to the other party and make reasonable efforts to mitigate its impact. The obligations of the parties shall be suspended for the duration of the force majeure event. If a force majeure event persists for an extended period, VoiceConvo.ai may terminate the affected Services upon notice to you without liability.
These Terms (together with any Order Form, subscription agreement, or additional guidelines or policies expressly incorporated by reference) constitute the entire agreement between you and VoiceConvo.ai regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You acknowledge that you have not relied on any statement, promise, or representation not explicitly stated in these Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
The parties further agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the original intent and economic effect of the original.
No waiver of any term or condition of these Terms by either party shall be deemed a further or continuing waiver of such term or any other term, and any failure to enforce a right or provision on one occasion shall not constitute a waiver of the right to enforce such term on another occasion.