1. Acceptance of Terms

Welcome to Vocaware. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vocaware, Inc. ("Vocaware," "we," "us," or "our") governing your access to and use of our AI-powered voice call monitoring platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Vocaware provides an AI-powered platform that enables businesses to:

• Deploy intelligent voice assistants for phone calls
• Design custom conversation flows using a visual editor
• Process real-time voice calls with AI-powered speech recognition and generation
• Monitor active calls with live transcription
• Analyze call metrics, sentiment, and conversation patterns
• Manage phone numbers and telephony infrastructure

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You may register using email and password or through supported third-party authentication providers (e.g., Google).

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

3.3 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By creating an account, you represent and warrant that you meet these requirements.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable laws, regulations, and industry standards.

4.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Make unsolicited calls, spam, or engage in telemarketing that violates applicable laws
• Record calls without proper consent and legal compliance
• Violate any privacy laws or regulations, including GDPR, CCPA, or TCPA
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated means to access the Service except through our official APIs
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service to harass, abuse, threaten, or intimidate others
• Upload or transmit viruses, malware, or other malicious code

5. User Content and Intellectual Property

5.1 Your Content

You retain ownership of all content you create, upload, or transmit through the Service, including conversation flows, call recordings, transcripts, and other data ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and store your User Content solely to provide and improve the Service.

5.2 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, and other content (excluding User Content), is owned by Vocaware and protected by copyright, trademark, patent, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes.

5.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without compensation or obligation to you.

6. Payment Terms

6.1 Subscription Plans

The Service is offered through subscription plans with varying features and pricing. Current pricing is available on our website and subject to change with notice.

6.2 Billing and Payment

Payment obligations include:

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payment is processed through our third-party payment processor (Stripe)
• You authorize us to charge your payment method for all fees
• Fees are non-refundable except as required by law or expressly stated
• You are responsible for all taxes associated with your subscription

6.3 Price Changes

We may change subscription prices at any time. Price changes for existing subscriptions will take effect at the start of your next billing period, with at least 30 days' notice.

6.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds or credits will be provided for partial periods, except as required by law.

7. Service Availability and Modifications

7.1 Service Uptime

While we strive to provide reliable service, we do not guarantee uninterrupted or error-free access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

7.2 Service Changes

We reserve the right to modify or discontinue any feature of the Service at any time without liability. We will make reasonable efforts to notify you of significant changes.

7.3 Third-Party Dependencies

The Service relies on third-party providers (OpenAI, Twilio, etc.). We are not responsible for any service interruptions caused by third-party failures.

8. Warranties and Disclaimers

8.1 AS-IS Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty of Results

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• AI-generated responses will be accurate, appropriate, or compliant with regulations

8.3 Your Responsibility

You are solely responsible for:

• Compliance with all applicable laws and regulations
• Obtaining proper consent for call recording and processing
• Reviewing and monitoring AI-generated content and responses
• Implementing your own backup and disaster recovery procedures

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOCAWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

9.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Vocaware and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your User Content
• Your violation of applicable laws or regulations

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Termination takes effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, for:

• Violation of these Terms
• Fraudulent, illegal, or abusive activity
• Non-payment of fees
• Risk to the Service, other users, or third parties
• Any reason at our sole discretion

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Service ceases immediately
• We may delete your account and User Content after a reasonable period
• You remain liable for all fees incurred before termination
• Provisions of these Terms that by their nature should survive will survive

12. Dispute Resolution

12.1 Informal Resolution

Before pursuing formal dispute resolution, you agree to contact us to attempt to resolve any dispute informally. We will attempt to resolve disputes in good faith.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms. The arbitration shall be conducted in English and shall take place in [Jurisdiction].

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

12.4 Exceptions

Either party may seek equitable relief in court for intellectual property infringement or unauthorized access to the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the courts located in [Jurisdiction] for any disputes not subject to arbitration.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and Vocaware regarding the Service.

14.2 Amendments

We may modify these Terms at any time. We will provide notice of material changes through the Service or by email. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

14.3 Waiver and Severability

Our failure to enforce any provision of these Terms shall not constitute a waiver. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, or failures of third-party services.

14.6 Export Controls

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

15. Contact Information

For questions about these Terms or the Service, please contact us:

By using Vocaware, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.