Terms of Service
These Terms of Service (the "Terms") are a binding agreement between you and Voismatic, operated by [Legal entity name and registered address] ("Voismatic," "we," "us," or "our"), governing your access to and use of our AI voice agent platform, websites, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.
1. Definitions
- Customer / you — the person or organization that registers for the Service.
- Caller — an end user who places or receives a call handled by an agent you operate through the Service.
- Customer Content — configurations, knowledge base material, and other data you upload or generate through the Service, including call data associated with your account.
- Agent — an AI voice assistant you configure to answer, place, or handle calls.
2. Description of Service
Voismatic provides AI-powered voice agents that answer and handle phone calls, a dashboard for configuring agents and reviewing call data, knowledge base management, third-party connectors and calendar integrations, and a developer API. We may add, change, or remove features over time. We may also use third parties (such as our telephony and infrastructure providers) to deliver the Service.
3. Accounts and Eligibility
- You must provide a valid email address to create an account.
- You are responsible for your account, for keeping your credentials and API keys secure, and for all activity that occurs under your account.
- You must be at least 18 years old and able to form a binding contract.
- You must provide accurate information and keep it up to date. You may not maintain more than one free account.
4. Your Compliance Responsibilities
Because you decide how your agents are configured and how you contact callers, you are responsible for the legal compliance of your use of the Service. In particular, you agree that you will:
- comply with all laws that apply to your calls, including the Telephone Consumer Protection Act (TCPA), telemarketing and do-not-call rules, and call-monitoring, recording, and wiretapping laws;
- obtain any consent legally required to call, record, or transcribe a caller, and provide any legally required notice or disclosure to callers — including, where enabled, that a call may be recorded and is handled by an automated system;
- provide any privacy notices required for the personal data you collect from callers, and have a lawful basis to process it;
- not use the Service in a way that would require Voismatic to comply with laws or standards (such as handling protected health information or cardholder data) unless we have agreed to that use in writing.
You are the controller of caller data processed through your account. Our processing of that data on your behalf is governed by our Data Processing Addendum, available on request.
5. Acceptable Use
You agree not to use the Service to:
- make or facilitate unlawful robocalls, spam, or unsolicited telemarketing;
- deceive, defraud, harass, or impersonate any person or organization without authorization;
- generate or distribute content that is unlawful, harmful, or infringing, or that violates the rights of others;
- interfere with, disrupt, or place undue load on the Service, or attempt to gain unauthorized access to it;
- reverse engineer, decompile, or extract the source code of the Service, or resell or sublicense it except as expressly permitted;
- use the Service to build a competing product or to train a competing model.
6. AI Output
The Service uses artificial intelligence to understand and respond to callers. AI-generated responses, transcripts, and analysis may be inaccurate, incomplete, or unsuitable for a given situation. You are responsible for reviewing and configuring your agents and for how their output is used. The Service does not provide legal, medical, financial, or other professional advice, and must not be presented to callers as doing so. You should apply appropriate human oversight to any decision informed by the Service.
7. Plans, Billing, and Taxes
- Paid plans are billed in advance on a recurring basis. Usage beyond your plan's included allowance (such as additional voice minutes) is billed at the rate stated for your plan.
- Fees are non-refundable except where required by law or expressly stated. Failure to pay may result in suspension or termination.
- Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
- We may change pricing with at least 30 days' notice; changes take effect at your next billing cycle.
- Any free trial or promotional pricing applies only as described at sign-up and may be changed or withdrawn. Payment is processed by Stripe; we do not store full card details.
8. Third-Party Services
The Service integrates with third-party services (such as telephony carriers, calendar providers, and connectors) that are governed by their own terms and privacy practices. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.
9. Intellectual Property and Feedback
The Service, including its software, design, and documentation, is owned by Voismatic and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service. You retain all rights in Customer Content, and you grant us a limited license to host, process, and transmit it as needed to provide and improve the Service and as permitted by our Privacy Policy. If you send us feedback, you grant us a perpetual, royalty-free license to use it without restriction.
10. Confidentiality
Each party may access non-public information of the other. Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
11. Service Levels and Support
We aim for high availability of the Service and provide support through the channels described on our website. Any specific uptime commitment applies only if stated in a separate written agreement. Planned maintenance and events outside our reasonable control are excluded from availability measurement.
12. Suspension and Termination
- You may cancel at any time through the dashboard billing settings; cancellation takes effect at the end of the current billing period.
- We may suspend or terminate your access if you materially breach these Terms, fail to pay, or create a security, legal, or operational risk, with notice where practical and immediately where necessary.
- On termination, your right to use the Service ends. We will make Customer Content available for export for a limited period and then delete it as described in our Privacy Policy, except where retention is required by law.
- Sections that by their nature should survive termination (including fees owed, intellectual property, disclaimers, indemnification, limitation of liability, and governing law) will survive.
13. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that AI output will be accurate or reliable. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
14. Indemnification
You will defend, indemnify, and hold harmless Voismatic and its affiliates from and against claims, damages, liabilities, and reasonable costs arising out of or related to your Customer Content, your calls and campaigns, your violation of Section 4 or 5, or your violation of law or the rights of a third party (including callers). We will notify you of any such claim and may participate in the defense with our own counsel.
15. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Service, even if advised of the possibility. Except for your payment obligations and your indemnification obligations, each party's total liability arising out of or related to these Terms will not exceed the amounts you paid to us for the Service in the 12 months before the event giving rise to the liability.
16. Governing Law and Disputes
These Terms are governed by the laws of [Governing law jurisdiction], without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [Venue] for any dispute not subject to an agreed alternative dispute-resolution process. You and Voismatic will first attempt to resolve any dispute informally by contacting each other.
17. Changes to These Terms
We may update these Terms from time to time. We will post the updated version with a new "last updated" date and, for material changes, provide notice by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
18. General
These Terms, together with any order form, the Privacy Policy, and the Data Processing Addendum, are the entire agreement between the parties regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent to the email on your account.
19. Contact
Questions about these Terms can be sent to hello@voismatic.com.