This Agreement and the terms contained herein is subject to change by Voctiv at any time, in its sole and absolute discretion, and without a notice. Therefore, you are instructed to review the terms of this Agreement prior to accessing or using the Services. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Services immediately. Your continued use of the Services after a replacement, modification, or amendment of the terms of this Agreement will constitute your express assent to, and agreement with, any replacement, modification, or amendment herein.
The Services are open to use to those who are age eighteen or above. By accessing and (or) using the Services, you confirm and warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third party, you confirm and warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
Our Services may include or refer to: (i) fully autonomous and artificial intelligence-driven call and contact center services, (ii) the AI-driven virtual assistant services, including but not limited to call handling, automated voice response, call forwarding, notifications, and any other service offered as part of the Voctiv platform provided through our various mobile applications (each a “Mobile Application” or an “App”, collectively, the “Apps”), including any modifications, features, updates, improvements, enhancements thereof, (iii) our website (https://voctiv.com/en/) (the “Website”), (iv) any application programming interface provided by Voctiv (“API”) and (v) other tools and services provided by Voctiv from time to time, as well as any data and information provided, circulated, exchanged, processed during and (or) for the purpose of provision of the Services.
The Services offer a free trial period, whose duration varies based on the selected plan. Unless you subscribe to a particular plan, we are entitled to discontinue the Services upon expiration of the trial period. However, you shall be fully aware and understand that upon expiration of the trial period or when you are for any reason discontinued from using the Services (including termination of this Agreement), some portions, functionalities, or aspects of the Services (for example, your missed calls forwarding to our Services by your telephone/network carrier that we cannot control at all) may still continue. You will be restrained from accessing them until you restore your access or subscription. When you are for any reason discontinued from using the Services (including expiration of the trial period or termination of this Agreement), IT IS YOUR RESPONSIBILITY TO CONTACT YOUR TELEPHONE/NETWORK CARRIER TO INSTRUCT THEM TO CANCEL (DISABLE) SUCH FORWARDING TO OUR SERVICES.
When using the Services and (or) in pursuit of enhancing the personalized experience and effectiveness of our Services, you may be required to share and provide some information, including, but not limited to telephone number(s), SMS code(s), email address(es), password(s), your phone’s address book and other personal data (including, but not limited to first names, last names, and additional contact information of individuals whose details are stored in your device) and other data and information (collectively, “Information”) with us. You confirm that you have acquired explicit consents from all individuals whose such details are being shared and that you grant us the authorization to use this data (for example, without limitation calling your customer by their name; automatically filling out their names in creating appointments, in sending them personal notifications, in showing their names on the status of call/appointments, etc.) strictly for the Services-related purposes. You also expressly confirm and warrant that you lawfully obtained and have all rights, permissions, approvals, explicit consents, access, title to, interest in, the Information provided by you.
When using the Services, you explicitly agree to accept communications from us through various methods, which may include but are not limited to SMS, in-app notifications, emails, phone calls, and video calls. These communications will be pertinent to your utilization of the Services, including but not limited to, information on the calls managed by the Service, updates about your subscription and payment statuses, and any other relevant service updates or announcements. You may opt-out of such communication by (i) replying to our SMS with your SMS: “STOP”, or (ii) contacting us at email@example.com or (iii) discontinuing your use of the Services immediately.
While you are using and (or) accessing third party applications, products and services, however used and (or) accessed, you shall understand and accept that these third parties might collect and process your personal data in accordance with their relevant policies and terms. In such circumstances we are not responsible and liable for such collection and processing of your personal data.
In order to access or use the Services, you may be required to create an account by downloading our App and (or) registering/indicating your phone number. We will send you SMS with a link to download our App and (or) a One-Time Password (OTP) to verify your phone number and (or) registering on our Website. You are responsible for safeguarding the access to your phone and thus the access to your account. You agree that you are strictly prohibited from indicating phone numbers not belonging to, or lawfully not controlled by you and we are not responsible for any claims, complaints, actions, demands related thereto. The security and privacy of your data within the account is contingent upon your control over the registered phone number. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify us immediately. Voctiv reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning.
When you use the Services, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are liable for any breach of your obligations under the terms of this Agreement and for any losses suffered by Voctiv for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
In using the Services, you understand and agree that Voctiv is not responsible for any charges, fees, policies, or terms and conditions of the telephone/network carrier and you warrant and agree that you will comply with all policies and terms applicable to the telephone/network carrier’s services. Voctiv does not guarantee that the Services will be suitable with your telephone/network carrier and please ensure whether your telephone/network carrier does not prohibit your use of the Services. You warrant and agree that any use of telephony, collection, access, use, and disclosure of caller and voice information to Voctiv will comply with all applicable foreign, federal, state, and local laws, rules, and regulations, including without limitation: (i) the Telephone Consumer Protection Act; (ii) the Federal Communications Commission’s Customer Proprietary Network Information rules and regulations; (iii) all rules and regulations of the Federal Trade Commission; and (iv) all other laws governing marketing by telephone, direct mail, email, wireless text messaging, fax, and any other mode of communication. You understand and agree that you bear all risk and waive all claims against Voctiv arising out of or related to your use of any telephony/network service and your failure to comply with any laws, statutes, regulations, ordinances, or guidelines concerning the use of any telephony/network service.
All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of Voctiv Inc. and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions without any obligation to you.
Voctiv may provide you with the ability to submit ideas to Voctiv through our Website. If you submit ideas to Voctiv, you agree that any ideas that you submit to Voctiv will automatically become the property of Voctiv and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Voctiv. You understand and agree that Voctiv may use or redistribute any ideas that you submit to Voctiv for any purpose and in any way and that Voctiv has no obligation to keep any ideas submitted to Voctiv confidential.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Services by Voctiv, including, but not limited to, VOCTIV and its associated design mark, are common law or registered trademarks owned by or licensed to Voctiv. You are expressly prohibited from using the trademarks of Voctiv to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Voctiv in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
Voctiv may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Services, including, but not limited to, scripts and conversation flow Templates (collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Services, you grant Voctiv an exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. The customary and intended purposes of the Services may include, but are not limited to, providing call and contact center services and archiving or making backup copies of the Services. By submitting User-Generated Content to the Services, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Services. Voctiv assumes no responsibility, and cannot be held liable for, the conduct of any User Account that submits User-Generated Content to the Services.
Voctiv may provide Users with the ability to record and store calls and obtain call transcripts when using the Services. Voctiv may provide Users with the ability to record and store calls on external servers or storage through Voctiv’s published API. Users understand and agree that they are solely responsible for complying with all applicable laws concerning the recording, transcription, and storage of call audio and Voctiv expressly disclaims liability for, and will not be held liable for, the recording of, transcription of, or storage of any call audio.
Free trial period. The Service offers a free trial period, which duration varies based on the selected plan. Subscription plans may have weekly, monthly, or annual billing cycles.
Subscription. Payments and subscription plans are managed through third party platforms such as Google Play Store or Apple App Store, and any requests for refunds will be governed by the terms of the respective platform. You acknowledge and agree that Voctiv is not responsible for any foreign transaction fees or other fees charged to you by your financial institution. You agree look at this that you will not initiate any chargebacks to Voctiv unless otherwise authorized by Voctiv in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Voctiv.
You acknowledge and agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Services. Voctiv will report as income all payments received from you to Voctiv to all proper taxing authorities.
The term of this Agreement will begin upon your first accessing of the Services and will continue until the earlier of the following: (i) Voctiv terminates your access to the Services; or (ii) you cease using the Services and terminate your Account. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. On termination, your right to use the Service will cease immediately.
Voctiv will not be responsible for any delay or failure in performance of the Services or its associated products arising out of any cause beyond Voctiv’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT VOCTIV WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SERVICES OR TRANSACTIONS THAT OCCUR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT VOCTIV’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO VOCTIV OR $1,000, WHICHEVER IS LESS.
VOCTIV EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR SALE, USE, OR MISUSE, OR THE SALE, USE, OR MISUSE OF ANY THIRD PARTY, OF THE SERVICES. THE SERVICES ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES FROM VOCTIV, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
You agree to indemnify and hold Voctiv Inc., its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Voctiv’s use of your User-Generated Content; or (iv) your violation of the rights of any third party.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Voctiv Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You and Voctiv agree that any dispute arising out of or related to this Agreement or your use of the Services will be governed by the laws of the State of California, without regard to its conflict of laws rules. Except for claims for which Voctiv may seek indemnification or for which either party may seek injunctive relief, you and Voctiv agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Services including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in San Jose, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF THE SERVICES, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND VOCTIV EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of each applicable invoice or will otherwise be barred.
For any questions or inquiries regarding these Terms or the Service, users may contact Voctiv at:
We recommend electronic communication for a faster response and resolution.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Service and associated software and technology are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
These Terms constitute the entire agreement between Voctiv and you regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Services, including, but not limited to, your duty to indemnify and defend Voctiv.
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged.
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