Votacall AI Agent & Receptionist Terms
1. Overview
These Terms & Conditions (“Agreement”) govern the use of Votacall’s AI-powered agent and receptionist services (“Service”). By using the Service, you (“Customer”) agree to be bound by this Agreement.
2. Description of Service
Votacall provides an AI-driven communication solution capable of handling inbound and outbound calls, scheduling, customer interactions, and task automation. The Service operates using artificial intelligence and may simulate human-like conversation but is not a human operator.
3. Pricing & Billing
The Service is billed at a per minute rate specified on the signed Customer's contract. Billing is calculated based on total call duration, measured in seconds and rounded up to the nearest minute unless otherwise stated.
Charges apply to:
- Inbound calls handled by the AI
- Outbound calls initiated by the AI
- Active interaction time with users
3.1 Payment Terms
Customers must maintain a valid payment method on file. Usage is billed monthly. Failure to remit payment may result in suspension or termination of Service.
4. Acceptable Use
Customer is solely responsible for compliance with all applicable laws and regulations.
Customer agrees not to use the Service for:
- Illegal, fraudulent, or deceptive activities
- Harassment, abuse, or spam
- Violating telecommunications laws (including robocall regulations, where applicable)
- Misrepresentation of the AI as a human without disclosure where legally required.
5. AI Limitations & Disclaimer
The Customer acknowledges that human oversight may be required for critical interactions. The Service is powered by artificial intelligence and may:
- Misinterpret user input
- Provide inaccurate or incomplete responses
- Votacall does not guarantee:
- 100% accuracy
- Human-level comprehension
- Error-free performance
6. Call Recording & Data Usage
Calls may be recorded, transcribed, and analyzed to:
- Improve service performance
- Provide analytics and reporting
Customer is responsible for notifying callers of recording where required by law.
All data is handled in accordance with Votacall’s Privacy Policy.
7. Integrations
The Service may integrate with third-party systems (e.g., CRMs, calendars, APIs):
- Votacall is not responsible for failures or errors caused by third-party systems.
- Customer is responsible for maintaining valid access and permissions.
8. Service Availability
Votacall aims to provide high availability but does not guarantee uninterrupted service.
Scheduled maintenance or unforeseen outages may occur.
9. Term & Termination
The term of this Agreement is month-to-month. The Agreement remains in effect until terminated by either party.
Votacall may suspend or terminate access for:
- Non-payment
- Violation of these terms
- Suspected misuse or illegal activity
Customer may terminate service at any time, but outstanding balances remain due.
10. Limitation of Liability
At no time shall Votacall be liable for any indirect, special, incidental, consequential, punitive or exemplary damages however caused and whether in contract, tort or under any other theory of liability, including, without limitation, loss of business or potential business, goodwill, work stoppage, lost profits or revenue regardless of whether such losses were foreseeable by either party. Votacall’s liability for damages arising out of any errors, mistakes, omissions, interruptions or delays in service or caused by it, its agents or contractors or any other failure to perform a duty under this Agreement shall not exceed an amount representing the proportional charge for the services applicable to the period during which the services were affected. No action against either party arising out of these Terms may be brought by the other party more than as provided for in this Agreement and if not otherwise specified, no later than one year after the cause of action has arisen.
11. Indemnification
The Customer agrees to indemnify and hold Votacall harmless against any loss, damage or costs (including reasonable attorney’s fees) incurred in connection with Claims made or brought against Votacall by a third party arising from or relating to: (i) any act, error, omission, fault, negligence or misconduct of Customer or any user of the Service or Equipment; (ii) Customer’s material breach of the Rules of Use; (iii) any claim by any employee or invitee of Customer or user other than a claim based on the gross negligence or willful misconduct of Votacall; (iv) any claim by any customer of Customer, User, or any other third party relating to, or arising from, Customer’s use of the Services or Equipment; or (v) violation of any law or regulation by Customer, any User, or any Customer employee, contractor, or agent.
12. Modifications
Votacall reserves the right to update these Terms at any time. Continued use of the Service constitutes acceptance of the revised Terms.
13. Governing Law
The Agreement and the relationship between Customer and Votacall shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions, and any dispute between the parties, including Customers failure to pay any sum due hereunder, shall be heard in the Courts of the Commonwealth of Massachusetts, Suffolk County, or the United States District Court for the District of Massachusetts. If Votacall is required to commence legal action to enforce the terms of this Agreement, Customer shall be liable for attorney fees and costs in connection with such legal action.
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