Terms of Service

1. Introduction and Acceptance of Terms

Welcome to AgenticVoice ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") govern your access to and use of our AI-powered voice agent platform, including our website, applications, APIs, and all related services (collectively, the "Service" or "Platform").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. Your continued use of the Service following any modifications to these Terms constitutes acceptance of those changes.

2. Definitions

• "Account" means a unique account created for you to access our Service.
• "Affiliate" means any entity that controls, is controlled by, or is under common control with a party.
• "AI Agent" means the artificial intelligence-powered voice agents created and deployed through our Platform.
• "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
• "Customer Data" means all data, including personal data, that you or your end users provide to the Service.
• "Documentation" means the user guides, help files, and other documentation we provide regarding the Service.
• "End User" means any individual who interacts with your AI Agents or accesses the Service through your Account.
• "Intellectual Property Rights" means all patent rights, copyrights, trademark rights, rights in trade secrets, and any other proprietary rights.
• "Service Level Agreement" or "SLA" means our commitment to service availability and performance standards.
• "Third-Party Services" means third-party applications, integrations, or services that interoperate with our Service.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Service, you must: (a) be at least 18 years of age or the age of legal majority in your jurisdiction; (b) have the legal capacity to enter into a binding agreement; (c) not be prohibited from receiving the Service under applicable laws; and (d) not have been previously suspended or removed from the Service.

3.2 Account Creation and Security

You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your Account; and (e) immediately notify us of any unauthorized use of your Account.

3.3 Business Accounts

If you create an Account on behalf of a business entity, you represent that you are authorized to bind that entity. The entity will be responsible for all acts and omissions of its employees, contractors, and agents in connection with the Service.

4. Service Description and Features

4.1 Platform Overview

AgenticVoice provides an AI-powered voice agent platform that enables businesses to create, configure, deploy, and manage intelligent voice agents capable of handling customer calls, booking appointments, providing information, and performing automated tasks through integrations with third-party services.

4.2 Core Features

• AI voice agent creation and customization
• Natural language processing and conversation management
• Integration with CRM systems, scheduling platforms, and business tools
• Call handling, routing, and transfer capabilities
• Analytics, reporting, and performance monitoring
• Multi-location and multi-agent management
• API access for custom integrations

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including availability of any feature, database, or content. We will provide reasonable notice of material changes that adversely affect your use of the Service, except in cases of urgent security issues or legal requirements.

5. Subscription Plans, Fees, and Payment

5.1 Subscription Plans

The Service is offered through various subscription plans with different features, limitations, and pricing. Current plan details are available on our website and in your Account dashboard. We reserve the right to modify plan offerings, features, and pricing with 30 days' notice.

5.2 Fees and Billing

Fees are charged in advance on a monthly or annual basis depending on your selected plan. All fees are non-refundable except as expressly set forth herein or required by applicable law. Usage-based fees (such as per-minute charges for voice calls) are billed in arrears based on actual usage.

5.3 Payment Methods

You authorize us to charge your designated payment method for all fees incurred. You are responsible for maintaining valid payment information. Failure to pay may result in suspension or termination of your Account.

5.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, except for taxes based on our net income. If we are required to collect or pay taxes, those taxes will be charged to you.

5.5 Price Changes

We may change our prices at any time. Price changes will not apply to current subscription periods but will take effect at the next renewal. We will provide at least 30 days' notice of any price increases.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations.

6.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable laws regarding telemarketing, robocalls, or automated communications
• Make calls without proper consent as required by applicable laws (including TCPA, TSR, and similar regulations)
• Impersonate any person or entity or misrepresent your affiliation
• Transmit spam, chain letters, or unsolicited communications
• Distribute malware, viruses, or any harmful code
• Attempt to gain unauthorized access to any part of the Service or related systems
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to collect or harvest personal information without consent
• Use the Service for harassment, abuse, threats, or discrimination
• Resell or redistribute the Service without authorization
• Use the Service in a manner that exceeds reasonable usage limits or constitutes abuse
• Create AI agents that engage in deceptive practices or fail to identify themselves as AI when required

6.3 Compliance with Telecommunications Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable telecommunications laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), state telemarketing laws, Do-Not-Call regulations, and any applicable international regulations. You must obtain all necessary consents before initiating automated or AI-assisted calls.

7. Customer Data and Privacy

7.1 Ownership of Customer Data

You retain all rights, title, and interest in and to your Customer Data. We do not claim ownership of any Customer Data you submit to the Service.

7.2 License to Customer Data

You grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display your Customer Data solely to the extent necessary to provide the Service and as otherwise permitted by our Privacy Policy.

7.3 Data Processing

We will process Customer Data in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction.

7.4 Data Retention and Deletion

We will retain Customer Data for the duration of your subscription and for a reasonable period thereafter to comply with legal obligations, resolve disputes, and enforce our agreements. Upon termination, you may request deletion of your Customer Data, which we will complete within 90 days, except for data we are required to retain by law.

7.5 Your Responsibilities

You are responsible for: (a) the legality, reliability, and accuracy of Customer Data; (b) obtaining all necessary consents and providing all required notices for the collection and use of Customer Data; (c) ensuring your use of Customer Data complies with applicable laws; and (d) maintaining appropriate backups of Customer Data.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all software, algorithms, AI models, user interfaces, designs, graphics, trademarks, and content (excluding Customer Data), is owned by AgenticVoice or our licensors and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited license expressly set forth herein.

8.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.

8.3 Restrictions

You may not: (a) sublicense, sell, resell, transfer, or otherwise make available the Service to third parties; (b) modify, adapt, or create derivative works based on the Service; (c) reverse engineer or access the Service to build a competitive product; (d) copy, frame, or mirror any part of the Service; or (e) access the Service to benchmark or monitor availability, performance, or functionality for competitive purposes.

8.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

9. Third-Party Services and Integrations

9.1 Third-Party Integrations

The Service may integrate with or provide access to third-party services, including but not limited to CRM platforms (such as GoHighLevel, Salesforce, HubSpot), scheduling systems (such as Jobber, HouseCall Pro), payment processors, and telecommunications providers. Your use of such third-party services is subject to their respective terms of service and privacy policies.

9.2 No Endorsement

The availability of third-party integrations does not constitute an endorsement or warranty by us. We are not responsible for the functionality, availability, or security of third-party services.

9.3 Data Sharing

When you enable a third-party integration, you authorize us to share relevant data with that third party as necessary to enable the integration. You are responsible for reviewing the privacy practices of any third-party services you connect.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that: (a) the Service will perform materially in accordance with the Documentation; (b) we will not materially decrease the functionality of the Service during your subscription term; and (c) we will use commercially reasonable security measures to protect Customer Data.

10.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE 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 do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Service will be accurate or reliable; (c) the Service will meet your specific requirements; or (d) any errors will be corrected.

10.3 AI Limitations

You acknowledge that AI agents may occasionally produce inaccurate, incomplete, or inappropriate responses. We do not guarantee the accuracy, reliability, or appropriateness of AI-generated content. You are responsible for monitoring and reviewing AI agent interactions and for implementing appropriate safeguards.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGENTICVOICE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICE; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT.

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Basis of the Bargain

The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and AgenticVoice. The Service would not be provided without such limitations.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless AgenticVoice, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) your Customer Data; (e) your violation of any applicable laws or regulations; or (f) any claim by your End Users or third parties arising from your AI agents.

12.2 Indemnification Procedure

We will promptly notify you of any claim and cooperate with your defense. You may not settle any claim without our prior written consent if the settlement requires us to admit fault, pay money, or take any action.

13. Term and Termination

13.1 Term

These Terms commence on the date you first accept them and continue until terminated. Your subscription will automatically renew for successive periods unless you cancel before the renewal date.

13.2 Termination by You

You may terminate your Account at any time through your Account settings or by contacting us. Termination will be effective at the end of your current billing period. No refunds will be provided for partial periods.

13.3 Termination by Us

We may suspend or terminate your Account immediately if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we are required to do so by law; (d) we reasonably believe your use poses a security risk; or (e) we discontinue the Service. We will provide notice unless prohibited by law or if notice would compromise security.

13.4 Effect of Termination

Upon termination: (a) your right to use the Service immediately ceases; (b) you must pay all outstanding fees; (c) we may delete your Customer Data after a reasonable retention period; and (d) provisions that by their nature should survive will survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at admin@virtualhorizons.pro to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in English and held in Delaware or remotely via video conference.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

14.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and AgenticVoice regarding the Service and supersede all prior agreements.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

15.5 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. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, natural disasters, or failures of third-party services.

15.7 Notices

We may provide notices to you via email to the address associated with your Account or through the Service. Notices to us should be sent to admin@virtualhorizons.pro. Notices are effective upon receipt.

15.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

15.9 Government Users

If you are a U.S. government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in applicable regulations.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, for material changes, by sending an email to the address associated with your Account at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your Account.

17. Contact Information

If you have any questions about these Terms or the Service, please contact us at: