Terms of Service
Last Updated: November 1, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between Vita Marketing Partners, LLC ("Company," "we," "us," or "our"), operating as Voxiety Ai, and you ("Client," "you," or "your"), governing your access to and use of our voice AI services.
By accessing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our services.
Company Information:
Legal Name: Vita Marketing Partners, LLC
Doing Business As: Voxiety Ai
Legal Entity Type: Wyoming Limited Liability Company
Address: 30 N Gould St #54253, Sheridan, WY 82801, USA
Contact Email: contact@voxietyai.com
Support Email: support@voxietyai.com
2. Eligibility and B2B Services
2.1 Business Customers Only
Our services are provided exclusively on a business-to-business (B2B) basis. By using our services, you represent and warrant that:
You are a business entity, not an individual consumer
You are entering into this agreement on behalf of your business
You have the authority to bind your organization to these Terms
Your use of our services is for business purposes only
You are at least 18 years of age and have the legal capacity to contract
2.2 Geographic Availability
Our services are available to businesses operating in the United States and the European Union (the "EU"). Use of services outside these jurisdictions may be subject to additional terms and restrictions.
3. AI Disclosure and Service Description
3.1 Nature of AI Services
IMPORTANT NOTICE: Our services utilize artificial intelligence (AI) technology for voice interactions and automation.
Our AI services include:
Automated voice conversation systems
Natural language processing and understanding
Voice synthesis and speech generation
Call handling and routing
Conversation analytics and reporting
Integration with business communication systems
Workflow automation
3.2 AI Limitations and Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
AI is Not Perfect: AI systems may:
Misunderstand or misinterpret user input
Provide incorrect, incomplete, or inappropriate responses
Fail to handle certain scenarios or edge cases
Experience technical errors or service disruptions
Perform differently across accents, languages, or speech patterns
No Guarantee of Accuracy: We do not guarantee that AI-generated responses or automations will be accurate, appropriate, or error-free.
Human Oversight Required: You are responsible for:
Implementing appropriate human oversight and review
Monitoring AI interactions for quality and compliance
Providing escalation paths to human agents when necessary
Training staff on AI system capabilities and limitations
Continuous Improvement: AI models are continuously trained and updated, which may result in changes to system behavior and performance.
Not a Substitute for Professional Judgment: Our AI services are tools to assist your business operations and do not constitute:
Legal advice
Medical advice
Financial advice
Professional consulting services
Guaranteed business outcomes
4. Account Registration and Management
4.1 Account Creation
To use our services, you must:
Provide accurate, complete, and current business information
Designate authorized representatives to manage your account
Maintain the security and confidentiality of account credentials
Notify us immediately of any unauthorized access or security breach
4.2 Account Security
You are responsible for:
All activities that occur under your account
Maintaining strong passwords and enabling multi-factor authentication
Restricting access to authorized personnel only
Compliance with all applicable laws in your use of the services
4.3 Account Termination
We reserve the right to suspend or terminate your account if:
You violate these Terms
Your use poses security or legal risks
You fail to pay fees when due
Required by law or legal process
5. Voice AI Services and Usage Rights
5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Access and use our voice AI services for your internal business purposes
Integrate our services into your business communication workflows
Configure and customize services within the provided parameters
5.2 Usage Restrictions
You may NOT:
Prohibited Uses:
Use services for illegal, harmful, or fraudulent purposes
Violate any applicable laws, including TCPA, privacy laws, or consumer protection regulations
Impersonate others or misrepresent your identity or affiliation
Interfere with or disrupt service operation or security
Attempt to reverse engineer, decompile, or extract source code
Use services to harass, abuse, or harm others
Make unsolicited calls without proper consent (TCPA violation)
Process personal data in violation of privacy laws
Use services to collect or harvest user information
Resell or sublicense services without written authorization
Compliance Obligations:
Obtain all necessary consents for call recording and AI interaction
Comply with Do Not Call (DNC) registries and opt-out requests
Provide required disclosures to end users about AI use
Honor user privacy rights and data protection regulations
Implement appropriate safeguards for data security
5.3 AI Disclosure to End Users
CRITICAL REQUIREMENT: You must disclose to end users that they are interacting with an AI system. Specifically:
Disclosure must be made at the beginning of voice interactions
Users must be informed that calls may be recorded
Disclosure must be clear, conspicuous, and in plain language
Users must have the option to opt-out or speak with a human agent (where applicable)
Sample Disclosure: "You are speaking with an AI-powered voice assistant. This call may be recorded for quality and training purposes. Press [X] to speak with a human representative."
6. Call Recording and Telecommunications Compliance
6.1 Call Recording Consent
Two-Party Consent States: In jurisdictions requiring all-party consent for call recording (including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington), you must:
Obtain explicit consent from all parties before recording
Provide a clear notice of recording at call commencement
Stop recording if consent is withdrawn
One-Party Consent Jurisdictions: In other US states, you must still provide notice of recording as required by applicable law and these Terms.
EU Requirements: Under GDPR and ePrivacy Directive, you must obtain explicit consent for call recording from EU data subjects.
6.2 TCPA Compliance (US)
The Telephone Consumer Protection Act (TCPA) imposes strict requirements on automated calling systems. You agree to:
Prior Express Consent: Obtain prior express written consent before making automated marketing calls or texts
DNC Compliance: Honor the National Do Not Call Registry and maintain internal DNC lists
Identification: Clearly identify your business at the beginning of calls
Opt-Out Mechanism: Provide an easy opt-out mechanism during each call
Time Restrictions: Make calls only during permitted hours (8 am-9 pm recipient's local time)
Prohibited Practices:
No calls to emergency lines, hospitals, or numbers where charges apply
No predictive dialers to mobile phones without consent
No prerecorded messages to residential lines without consent
Penalties: TCPA violations can result in fines up to $1,500 per violation. You are solely responsible for TCPA compliance in your use of our services.
TCPA compliance is your responsibility; we provide tools, but you control calling practices
6.3 International Calling Regulations
For calls to/from the EU:
Comply with the ePrivacy Directive and GDPR
Obtain consent for electronic communications
Honor opt-out requests
Provide clear caller identification
7. Data Processing and Privacy
7.1 Data Controller/Processor Relationship
Data Roles:
You (Client) are the Data Controller: You determine the purposes and means of processing end-user personal data
We are the Data Processor: We process data on your behalf according to your instructions
Data Processing Agreement (DPA): A separate Data Processing Agreement, incorporating Standard Contractual Clauses for international data transfers, is incorporated by reference and governs data processing activities.
7.2 Client Responsibilities for End User Data
You are responsible for:
Providing privacy notices to end users
Obtaining necessary consents and maintaining records
Ensuring a lawful basis for processing personal data
Responding to data subject access requests
Reporting data breaches to affected individuals as required by law
Complying with data localization and residency requirements
7.3 Our Responsibilities
We will:
Process data only as instructed by you or as required by law
Implement appropriate security measures
Assist with data subject requests and breach notifications
Notify you of any data breaches within 72 hours
Engage subprocessors only with notice to you
Delete or return data upon termination (subject to legal retention)
7.4 Voice Data and AI Training
Client Data Ownership: You retain all ownership rights to:
Voice recordings
Call transcripts
Customer data processed through services
Business information and configurations
Our Use of Data:
Service Delivery: We use your data solely to provide services
8. Service Levels and Support
8.1 Service Availability
We strive to maintain service availability of 99.9% uptime, calculated monthly (excluding scheduled maintenance).
No Guarantee: Service availability is a target, not a guarantee. We do not guarantee uninterrupted or error-free service.
Scheduled Maintenance: We may perform scheduled maintenance with 14 days' advance notice where feasible.
8.2 Support Services
Support Channels:
Email support: support@voxietyai.com
Contact form: https://www.voxietyai.com/contact
Support Hours: Business hours: 9 am-5 pm (9:00-17:00) CET, Monday-Friday
Response Times: We aim to respond to support requests within 24 business hours
8.3 Service Modifications
We reserve the right to:
Modify, suspend, or discontinue services or features
Update AI models and system capabilities
Change service specifications with reasonable notice
Implement security patches and updates without notice
Notice of Material Changes: We will provide at least 30 days' notice of material changes that negatively impact service functionality.
9. Fees and Payment
9.1 Pricing
Service fees are specified in your service agreement or order form. Current pricing is available upon request.
9.2 Payment Terms
Fees are billed monthly in advance or based on usage
Payment is within 14 days of invoice date
Accepted payment methods: Credit card, ACH transfer, wire transfer
Late payments subject to interest of 1.5% per month or maximum allowed by law
9.3 Taxes
You are responsible for all applicable taxes (excluding taxes based on our income). If we are required to collect taxes, they will be added to your invoice.
9.4 Fee Changes
We may change fees with 30 days written notice. Continued use after fee changes constitutes acceptance.
9.5 Non-Payment and Suspension
If fees remain unpaid after 30 days:
Services may be suspended without notice
We may charge reconnection fees
Outstanding amounts remain due
We may pursue collection, including legal action
10. Intellectual Property Rights
10.1 Our Intellectual Property
We and our licensors own all rights, title, and interest in:
Voice AI technology and algorithms
Software, code, and documentation
AI models and training data
Trademarks, branding, and logos
Service improvements and derivative works
Reservation of Rights: All rights not expressly granted to you are reserved by us.
10.2 Your Content and Data
You retain ownership of:
Your business content and data
Voice recordings and transcripts from your calls
Customer data processed through services
Your trademarks and branding
Limited License to Us: You grant us a limited license to process your content solely to provide services and as described in our Privacy Policy.
10.3 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about our services:
We may use them without obligation or compensation to you
You waive any intellectual property claims related to such feedback
Feedback does not create a confidential relationship
11. Confidentiality
11.1 Confidential Information
"Confidential Information" means non-public information disclosed by one party to the other, including:
Business strategies and plans
Technical information and systems
Customer data and pricing
Service specifications and configurations
11.2 Confidentiality Obligations
Each party agrees to:
Maintain confidentiality using reasonable care
Use Confidential Information only for purposes of this agreement
Limit disclosure to employees with a need-to-know
Not disclose to third parties without prior written consent
11.3 Exceptions
Confidentiality obligations do not apply to information that:
Is publicly available without a breach of this agreement
Was rightfully known prior to disclosure
Is independently developed without reference to Confidential Information
Must be disclosed pursuant to law or court order (with notice if permitted)
12. Warranties and Disclaimers
12.1 Our Limited Warranties
We warrant that:
We have the authority to enter into this agreement
Services will be provided in a professional manner consistent with industry standards
Services will substantially conform to documentation
Remedy: Your sole remedy for breach of warranty is re-performance of non-conforming services or, if we cannot correct within reasonable time, refund of fees paid for non-conforming services.
12.2 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN SECTION 12.1, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
MERCHANTABILITY: No warranty that services are fit for any particular purpose
FITNESS FOR PURPOSE: No warranty that services meet your specific requirements
NON-INFRINGEMENT: No warranty that services do not infringe third-party rights (but see indemnification)
ACCURACY: No warranty regarding accuracy, reliability, or completeness of AI outputs
AVAILABILITY: No warranty of uninterrupted, timely, secure, or error-free service
RESULTS: No warranty regarding results, outcomes, or business performance from using services
THIRD-PARTY SERVICES: No warranties for third-party integrations or services
AI PERFORMANCE: No warranty that AI will understand all inputs, provide correct responses, or perform without errors
COMPLIANCE: No warranty that services ensure your compliance with all applicable laws (you remain responsible for compliance)
12.3 AI-Specific Disclaimers
AI TECHNOLOGY LIMITATIONS:
Inherent Uncertainties: AI systems are probabilistic and may produce unexpected or incorrect outputs
Training Data Limitations: AI performance depends on training data quality and may not cover all scenarios
Bias and Fairness: Despite efforts to mitigate bias, AI systems may exhibit biases from training data
Context Limitations: AI may not fully understand context, nuance, sarcasm, or cultural references
Evolving Technology: AI technology is rapidly evolving, and system behavior may change
Not Human Judgment: AI does not possess human judgment, common sense, or ethical reasoning
No Professional Services: AI outputs do not constitute professional advice of any kind
You Must Validate: You are responsible for reviewing and validating all AI outputs before relying on them
12.4 Voice AI Quality Disclaimer
VOICE INTERACTION QUALITY:
Voice AI performance depends on many factors outside our control:
Audio quality and background noise
Accents, dialects, and speech patterns
Network connectivity and latency
User device and microphone quality
Call routing and telephony infrastructure
We cannot guarantee:
Successful transcription of all speech
Accurate intent recognition in all cases
Natural-sounding voice synthesis
Smooth conversation flow
Appropriate responses in all contexts
12.5 Integration and Compatibility Disclaimer
We do not warrant:
Compatibility with all third-party systems or services
Continued operation with future versions of third-party platforms
Seamless integration with your existing systems
That integrations will meet your specific requirements
13. Limitation of Liability
13.1 EXCLUSION OF CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
BUSINESS INTERRUPTION OR LOSS OF GOODWILL
COST OF SUBSTITUTE SERVICES
DAMAGES ARISING FROM USE OR INABILITY TO USE SERVICES
DAMAGES FROM ERRORS, MISTAKES, OR INACCURACIES IN SERVICE
DAMAGES FROM UNAUTHORIZED ACCESS OR DATA BREACHES
DAMAGES FROM AI ERRORS, MISUNDERSTANDINGS, OR INAPPROPRIATE RESPONSES
THIS EXCLUSION APPLIES REGARDLESS OF:
Legal theory (contract, tort, negligence, strict liability, or otherwise)
Whether the party was advised of the possibility of such damages
Whether the damages were foreseeable
13.2 CAP ON LIABILITY
MAXIMUM LIABILITY CAP:
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:
Fees paid by you in the 12 months preceding the claim, OR
$10,000
This cap applies to all causes of action in aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
13.3 Exceptions to Limitations
Limitations of liability do NOT apply to:
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Our intentional misconduct or gross negligence
Your breach of intellectual property rights
Your payment obligations
Your indemnification obligations
Liabilities that cannot be limited under applicable law
13.4 Essential Purpose
You acknowledge that these limitations of liability are essential elements of the bargain, and we would not provide services without these limitations.
13.5 Allocation of Risk
The limitations of liability reflect an informed, voluntary allocation of risk between the parties. The fees reflect this allocation of risk and limitation of liability.
14. Indemnification
14.1 Your Indemnification of Us
You agree to indemnify, defend, and hold harmless Vita Marketing Partners, LLC, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your Use of Services:
Your violation of these Terms
Your violation of any law or regulation
Your violation of third-party rights
TCPA violations arising from your calling practices
Privacy law violations in your handling of personal data
Failure to obtain required consents from end users
Failure to provide required disclosures about AI use
Misrepresentation or fraud in your interactions with end users
Your content, data, or materials
Infringement claims related to your use of services
Actions or omissions of your employees, agents, or contractors
Disputes with your customers or end users
Business Practices:
Deceptive or unfair trade practices
False advertising or misrepresentation
Unauthorized use of third-party intellectual property
Violation of consumer protection laws
14.2 Our Indemnification of You
We agree to indemnify, defend, and hold you harmless from third-party claims that our services infringe or misappropriate third-party intellectual property rights, provided that:
You notify us promptly in writing of the claim
We have sole control of defense and settlement
You provide reasonable cooperation in defense
The claim is not based on modifications you made or your combination of services with other products
Our Remedies: If services are found to infringe, we may, at our option:
Obtain the right for you to continue using the services
Replace or modify services to be non-infringing
Terminate services and refund prepaid fees for the unused portion
Exclusions: We have no obligation for claims arising from:
Your content or data
Modifications you made to services
Your combination of services with other products
Your continued use after we notify you to stop
Use in violation of these Terms
14.3 Indemnification Procedures
Notice: The Party seeking indemnification must promptly notify the indemnifying party of the claim
Control: The Indemnifying party has sole control over defense and settlement
Cooperation: The Party seeking indemnification must reasonably cooperate
No Settlement: Party seeking indemnification may not settle claim without the indemnifying party's consent
15. Term and Termination
15.1 Term
This agreement begins when you first access services and continues until terminated as provided herein.
Subscription Term:
You may terminate at any time with 30 days written notice.
Annual subscription: If you have an annual subscription, the initial term is one year and automatically renews for successive 12-month periods unless either party provides 30 days written notice before renewal.
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
Monthly subscription: If you have a monthly subscription, the initial term is 30 days and automatically renews for successive 30-day periods unless either party provides 30 days written notice before renewal.
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
15.2 Termination for Convenience
Your Right to Terminate:
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
Our Right to Terminate:
We may terminate with 30 days written notice.
Refund of prepaid fees for unused services.
15.3 Termination for Cause
Either party may terminate immediately if:
The other party materially breaches and fails to cure within 30 days of written notice
The other party becomes insolvent, files for bankruptcy, or ceases operations
Required by law or regulatory authority
We May Terminate Immediately If:
Your use violates laws or regulations
Your use poses security or safety risks
You fail to pay fees when due (after 30-day notice)
You violate usage restrictions or prohibited uses
You materially breach confidentiality obligations
15.4 Effect of Termination
Upon Termination:
Immediate Cessation: Your right to access and use services terminates immediately
Data Export: You have 30 days to export your data via the provided tools
Data Deletion: We will delete your data within 90 days after termination, except:
Data we must retain for legal compliance
Anonymized data used for analytics
Data in backups (deleted in normal course)
Outstanding Fees: You remain liable for all fees incurred before termination
Return of Confidential Information: Each party must return or destroy the other party's Confidential Information
15.5 Survival
The following provisions survive termination:
Payment obligations
Intellectual property rights
Confidentiality
Warranties and disclaimers
Limitation of liability
Indemnification
Dispute resolution
Any provision that by its nature should survive
16. Dispute Resolution
16.1 Informal Resolution
Before initiating formal proceedings, parties agree to attempt informal resolution:
Provide written notice describing the dispute
Meet and negotiate in good faith for 30 days
Senior executives from each party must participate
16.2 Governing Law
This agreement is governed by the laws of:
Primary: State of Wyoming, United States
Federal Law: US federal law applies where applicable
Conflicts of Law: Without regard to conflict of law principles
International Considerations: For EU clients, applicable EU and member state consumer protection, privacy, and regulatory laws apply where mandatory.
16.3 Jurisdiction (EU Clients)
For EU-based clients:
Disputes are subject to the jurisdiction of the courts in Germany
EU clients retain all rights under applicable consumer protection and mandatory laws
Nothing herein waives rights that cannot be waived under applicable law
16.5 Injunctive Relief
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, Data Processing Agreement, and any executed service agreements or order forms, constitute the entire agreement and supersede all prior agreements, representations, and understandings.
Order of Precedence: In case of conflict: (1) Executed service agreement; (2) DPA; (3) These Terms; (4) Privacy Policy.
17.2 Amendments
We may modify these Terms with 30 days' notice:
Notice via email to the account contact
Updated Terms posted on website
Continued use constitutes acceptance
Material changes highlighted in the notice
Your Rights: If you object to changes, you may terminate within the notice period.
17.3 Assignment
You may not assign this agreement without our prior written consent.
We may assign this agreement to affiliates or in connection with a merger, acquisition, or sale of assets with notice to you.
17.4 Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control, including:
Natural disasters, acts of God
War, terrorism, civil unrest
Government actions, laws, or regulations
Internet or telecommunications failures
Power outages or infrastructure failures
Pandemics or health emergencies
Strikes or labor disputes
Obligations: The Affected party must notify the other party and make reasonable efforts to resume performance.
Termination: If force majeure continues for more than 90 days, either party may terminate without penalty.
17.5 Relationship of Parties
Parties are independent contractors. Nothing herein creates:
Partnership, joint venture, or agency relationship
Employment relationship
Franchise or distributor relationship
Right to bind the other party or incur obligations on their behalf
17.6 Third-Party Beneficiaries
There are no third-party beneficiaries to this agreement. No person or entity not a party to this agreement has any right to enforce any term.
17.7 Waiver
Failure to enforce any provision does not waive the right to enforce later. Waiver of any breach does not waive subsequent breaches.
Waivers Must Be Written: Any waiver must be in writing and signed by an authorized representative.
17.8 Severability
If any provision is found invalid or unenforceable:
The remainder of the Terms remains in effect
Invalid provision modified to the minimum extent necessary to make it valid
If modification is impossible, the provision is severed
17.9 Notice
Notices Must Be in Writing:
To You: Email to the account contact address or mail to the business address on record
To Us:
Email: legal@voxietyai.com
Mail: Vita Marketing Partners, LLC, Attn: Legal Department, 30 N Gould St #54253, Sheridan, WY 82801, USA
Effective: Notices are effective upon receipt (email) or 3 business days after mailing.
17.10 Interpretation
Headings are for convenience only and do not affect interpretation
"Including" means "including without limitation"
Singular includes plural and vice versa
"Or" is not exclusive unless context requires
References to "days" mean calendar days unless specified as "business days"
17.11 Electronic Signatures
This agreement may be executed electronically and in counterparts. Electronic signatures have the same legal effect as original signatures.
17.12 Language
This agreement is in English. Any translation is for convenience only; the English version controls.
17.13 Export Compliance
You agree to comply with all applicable export and import laws, including US Export Administration Regulations and sanctions programs. You represent that you are not located in, under the control of, or a national of any embargoed country or on any restricted party list.
17.14 Government Use
If you are a US government entity, services are "commercial items" as defined in FAR 2.101, and use is governed by these Terms consistent with FAR 12.212 and DFARS 227.7202.
17.15 Equitable Relief
You acknowledge that breach of intellectual property, confidentiality, or usage restrictions may cause irreparable harm for which monetary damages are inadequate, and we are entitled to seek injunctive relief without bond.
18. AI-Specific Terms and Disclaimers
18.1 Responsible AI Use
You agree to use AI services responsibly and ethically:
Prohibited AI Uses:
Illegal activities or fraud
Harassment, abuse, or threats
Impersonation or deception (beyond legitimate business purposes)
Discrimination based on protected characteristics
Generation of harmful, offensive, or inappropriate content
Violation of third-party intellectual property rights
Manipulation or exploitation of vulnerable individuals
Interference with democratic processes
Creation of misleading deepfakes or synthetic media without disclosure
18.2 AI Accuracy and Reliability Disclaimer
NO GUARANTEE OF ACCURACY:
AI systems are not perfect and may:
Misunderstand user intent
Generate incorrect or nonsensical responses
Fail to recognize context or sarcasm
Exhibit biases from training data
Produce inconsistent responses to similar inputs
"Hallucinate" or generate plausible-sounding but false information
YOU ACKNOWLEDGE:
AI outputs are suggestions, not facts or professional advice
You must verify the accuracy of AI outputs before relying on them
You are solely responsible for decisions based on AI outputs
We are not liable for errors, inaccuracies, or consequences of AI outputs
18.3 AI Training and Improvement
Model Training:
We continuously improve AI models using various data sources
We may use anonymized, aggregated data from service usage
Client-specific data used for training only with consent and as specified in DPA
You can opt-out of data being used for model training
Model Updates:
AI models are regularly updated and improved
Updates may change system behavior and performance
We provide notice of material changes where feasible
No guarantee of backward compatibility
18.4 Bias and Fairness
Efforts to Mitigate Bias: We employ techniques to reduce bias in AI systems, including:
Diverse training data
Bias testing and monitoring
Fairness-aware algorithms
Regular model audits
No Guarantee: Despite efforts, AI systems may exhibit biases. You are responsible for:
Monitoring AI outputs for bias
Implementing additional safeguards as needed
Ensuring compliance with anti-discrimination laws
Providing human oversight for sensitive decisions
18.5 AI Explainability and Transparency
Limited Explainability:
AI decision-making processes are complex and may not be fully explainable
We provide general explanations of how systems work
We cannot always explain why a specific output was generated
"Black box" nature is inherent to some AI technologies
Transparency Commitments:
We disclose when AI is used in interactions
We provide documentation on AI capabilities and limitations
We inform of material changes to AI systems
We respond to reasonable inquiries about AI functioning
18.6 Human Oversight and Intervention
You Must Provide Human Oversight:
Monitor AI interactions for quality and appropriateness
Implement escalation paths to human agents
Review high-stakes or sensitive interactions
Override or correct AI when necessary
Human-in-the-Loop:
Some decisions should not be fully automated
You determine the appropriate level of human involvement
You are responsible for ensuring adequate human oversight
We provide tools to facilitate human review
18.7 AI Safety and Security
Safety Measures: We implement safeguards to prevent:
Generation of harmful content
Exploitation of system vulnerabilities
Unauthorized data access
Adversarial attacks
Limitations:
No system is completely secure
Adversaries may develop new attack methods
Safety measures may affect system performance
False positives/negatives may occur
Reporting:
Report safety issues or vulnerabilities to security@voxietyai.com
We investigate and address reported issues
Responsible disclosure appreciated
19. Specific Legal Disclaimers
19.1 No Legal, Medical, or Financial Advice
NOT PROFESSIONAL ADVICE:
Services do not provide, and AI outputs do not constitute:
Legal advice or legal services
Medical advice or diagnosis
Financial advice or investment recommendations
Tax advice
Professional consulting services
Therapeutic or counseling services
Consult Professionals: Users should consult qualified professionals for advice in these areas.
No Attorney-Client Relationship: Use of services does not create attorney-client, doctor-patient, or similar professional relationships.
19.2 No Guarantee of Regulatory Compliance
Compliance is Your Responsibility:
We do not guarantee that:
Services ensure your compliance with laws
AI outputs comply with all applicable regulations
Services are suitable for regulated industries
Services meet specific compliance requirements
You Are Responsible For:
Determining whether services are appropriate for your use case
Ensuring compliance with all applicable laws
Implementing additional controls as needed
Obtaining necessary licenses or certifications
Conducting your own compliance assessments
19.3 Third-Party Integrations Disclaimer
Third-Party Services:
Services may integrate with third-party platforms (e.g., telephony providers, CRM systems)
We do not control third-party services
We are not responsible for third-party actions, policies, or failures
Third-party terms and privacy policies apply
Integrations may change or cease without notice
No Endorsement: Inclusion of third-party integrations does not constitute endorsement.
19.4 Results and Performance Disclaimer
NO GUARANTEE OF RESULTS:
We do not guarantee:
Specific business outcomes or results
Increased sales, revenue, or efficiency
Customer satisfaction improvements
Cost savings or return on investment
Competitive advantages
Specific performance metrics
Results vary: Outcomes depend on many factors outside our control, including your implementation, use case, market conditions, and business practices.
19.5 Uptime and Availability Disclaimer
REASONABLE EFFORTS:
We make reasonable efforts to maintain service availability, but do not guarantee:
100% uptime or availability
Uninterrupted service
Error-free operation
Meeting specific performance benchmarks
Service during maintenance periods
Maintenance: We may perform scheduled maintenance with notice and emergency maintenance without notice.
19.6 Data Security Disclaimer
SECURITY MEASURES:
We implement industry-standard security measures, but cannot guarantee:
Absolute security of data
Prevention of all unauthorized access
Protection against all cyber threats
Zero data breaches
Shared Responsibility: Security is a shared responsibility. You must implement appropriate security measures on your end.
19.7 Telecommunications Disclaimer
CALL QUALITY:
Voice call quality depends on factors outside our control:
Telecommunications infrastructure
Network connectivity
Internet service quality
User devices and equipment
Third-party telephony providers
We are not responsible for:
Poor call quality due to network issues
Dropped calls or connection failures
Telephony provider outages or limitations
Incompatibility with specific carriers or equipment
20. Contact Information
For Questions About These Terms:
Email: legal@voxietyai.com
Mail: Vita Marketing Partners, LLC, Attn: Legal Department, 30 N Gould St #54253, Sheridan, WY 82801, USA
For Service Support:
Email: support@voxietyai.com
Contact form: https://www.voxietyai.com/contact
For Privacy Matters:
See Privacy Policy for contact information
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: November 1, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between Vita Marketing Partners, LLC ("Company," "we," "us," or "our"), operating as Voxiety Ai, and you ("Client," "you," or "your"), governing your access to and use of our voice AI services.
By accessing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our services.
Company Information:
Legal Name: Vita Marketing Partners, LLC
Doing Business As: Voxiety Ai
Legal Entity Type: Wyoming Limited Liability Company
Address: 30 N Gould St #54253, Sheridan, WY 82801, USA
Contact Email: contact@voxietyai.com
Support Email: support@voxietyai.com
2. Eligibility and B2B Services
2.1 Business Customers Only
Our services are provided exclusively on a business-to-business (B2B) basis. By using our services, you represent and warrant that:
You are a business entity, not an individual consumer
You are entering into this agreement on behalf of your business
You have the authority to bind your organization to these Terms
Your use of our services is for business purposes only
You are at least 18 years of age and have the legal capacity to contract
2.2 Geographic Availability
Our services are available to businesses operating in the United States and the European Union (the "EU"). Use of services outside these jurisdictions may be subject to additional terms and restrictions.
3. AI Disclosure and Service Description
3.1 Nature of AI Services
IMPORTANT NOTICE: Our services utilize artificial intelligence (AI) technology for voice interactions and automation.
Our AI services include:
Automated voice conversation systems
Natural language processing and understanding
Voice synthesis and speech generation
Call handling and routing
Conversation analytics and reporting
Integration with business communication systems
Workflow automation
3.2 AI Limitations and Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
AI is Not Perfect: AI systems may:
Misunderstand or misinterpret user input
Provide incorrect, incomplete, or inappropriate responses
Fail to handle certain scenarios or edge cases
Experience technical errors or service disruptions
Perform differently across accents, languages, or speech patterns
No Guarantee of Accuracy: We do not guarantee that AI-generated responses or automations will be accurate, appropriate, or error-free.
Human Oversight Required: You are responsible for:
Implementing appropriate human oversight and review
Monitoring AI interactions for quality and compliance
Providing escalation paths to human agents when necessary
Training staff on AI system capabilities and limitations
Continuous Improvement: AI models are continuously trained and updated, which may result in changes to system behavior and performance.
Not a Substitute for Professional Judgment: Our AI services are tools to assist your business operations and do not constitute:
Legal advice
Medical advice
Financial advice
Professional consulting services
Guaranteed business outcomes
4. Account Registration and Management
4.1 Account Creation
To use our services, you must:
Provide accurate, complete, and current business information
Designate authorized representatives to manage your account
Maintain the security and confidentiality of account credentials
Notify us immediately of any unauthorized access or security breach
4.2 Account Security
You are responsible for:
All activities that occur under your account
Maintaining strong passwords and enabling multi-factor authentication
Restricting access to authorized personnel only
Compliance with all applicable laws in your use of the services
4.3 Account Termination
We reserve the right to suspend or terminate your account if:
You violate these Terms
Your use poses security or legal risks
You fail to pay fees when due
Required by law or legal process
5. Voice AI Services and Usage Rights
5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Access and use our voice AI services for your internal business purposes
Integrate our services into your business communication workflows
Configure and customize services within the provided parameters
5.2 Usage Restrictions
You may NOT:
Prohibited Uses:
Use services for illegal, harmful, or fraudulent purposes
Violate any applicable laws, including TCPA, privacy laws, or consumer protection regulations
Impersonate others or misrepresent your identity or affiliation
Interfere with or disrupt service operation or security
Attempt to reverse engineer, decompile, or extract source code
Use services to harass, abuse, or harm others
Make unsolicited calls without proper consent (TCPA violation)
Process personal data in violation of privacy laws
Use services to collect or harvest user information
Resell or sublicense services without written authorization
Compliance Obligations:
Obtain all necessary consents for call recording and AI interaction
Comply with Do Not Call (DNC) registries and opt-out requests
Provide required disclosures to end users about AI use
Honor user privacy rights and data protection regulations
Implement appropriate safeguards for data security
5.3 AI Disclosure to End Users
CRITICAL REQUIREMENT: You must disclose to end users that they are interacting with an AI system. Specifically:
Disclosure must be made at the beginning of voice interactions
Users must be informed that calls may be recorded
Disclosure must be clear, conspicuous, and in plain language
Users must have the option to opt-out or speak with a human agent (where applicable)
Sample Disclosure: "You are speaking with an AI-powered voice assistant. This call may be recorded for quality and training purposes. Press [X] to speak with a human representative."
6. Call Recording and Telecommunications Compliance
6.1 Call Recording Consent
Two-Party Consent States: In jurisdictions requiring all-party consent for call recording (including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington), you must:
Obtain explicit consent from all parties before recording
Provide a clear notice of recording at call commencement
Stop recording if consent is withdrawn
One-Party Consent Jurisdictions: In other US states, you must still provide notice of recording as required by applicable law and these Terms.
EU Requirements: Under GDPR and ePrivacy Directive, you must obtain explicit consent for call recording from EU data subjects.
6.2 TCPA Compliance (US)
The Telephone Consumer Protection Act (TCPA) imposes strict requirements on automated calling systems. You agree to:
Prior Express Consent: Obtain prior express written consent before making automated marketing calls or texts
DNC Compliance: Honor the National Do Not Call Registry and maintain internal DNC lists
Identification: Clearly identify your business at the beginning of calls
Opt-Out Mechanism: Provide an easy opt-out mechanism during each call
Time Restrictions: Make calls only during permitted hours (8 am-9 pm recipient's local time)
Prohibited Practices:
No calls to emergency lines, hospitals, or numbers where charges apply
No predictive dialers to mobile phones without consent
No prerecorded messages to residential lines without consent
Penalties: TCPA violations can result in fines up to $1,500 per violation. You are solely responsible for TCPA compliance in your use of our services.
TCPA compliance is your responsibility; we provide tools, but you control calling practices
6.3 International Calling Regulations
For calls to/from the EU:
Comply with the ePrivacy Directive and GDPR
Obtain consent for electronic communications
Honor opt-out requests
Provide clear caller identification
7. Data Processing and Privacy
7.1 Data Controller/Processor Relationship
Data Roles:
You (Client) are the Data Controller: You determine the purposes and means of processing end-user personal data
We are the Data Processor: We process data on your behalf according to your instructions
Data Processing Agreement (DPA): A separate Data Processing Agreement, incorporating Standard Contractual Clauses for international data transfers, is incorporated by reference and governs data processing activities.
7.2 Client Responsibilities for End User Data
You are responsible for:
Providing privacy notices to end users
Obtaining necessary consents and maintaining records
Ensuring a lawful basis for processing personal data
Responding to data subject access requests
Reporting data breaches to affected individuals as required by law
Complying with data localization and residency requirements
7.3 Our Responsibilities
We will:
Process data only as instructed by you or as required by law
Implement appropriate security measures
Assist with data subject requests and breach notifications
Notify you of any data breaches within 72 hours
Engage subprocessors only with notice to you
Delete or return data upon termination (subject to legal retention)
7.4 Voice Data and AI Training
Client Data Ownership: You retain all ownership rights to:
Voice recordings
Call transcripts
Customer data processed through services
Business information and configurations
Our Use of Data:
Service Delivery: We use your data solely to provide services
8. Service Levels and Support
8.1 Service Availability
We strive to maintain service availability of 99.9% uptime, calculated monthly (excluding scheduled maintenance).
No Guarantee: Service availability is a target, not a guarantee. We do not guarantee uninterrupted or error-free service.
Scheduled Maintenance: We may perform scheduled maintenance with 14 days' advance notice where feasible.
8.2 Support Services
Support Channels:
Email support: support@voxietyai.com
Contact form: https://www.voxietyai.com/contact
Support Hours: Business hours: 9 am-5 pm (9:00-17:00) CET, Monday-Friday
Response Times: We aim to respond to support requests within 24 business hours
8.3 Service Modifications
We reserve the right to:
Modify, suspend, or discontinue services or features
Update AI models and system capabilities
Change service specifications with reasonable notice
Implement security patches and updates without notice
Notice of Material Changes: We will provide at least 30 days' notice of material changes that negatively impact service functionality.
9. Fees and Payment
9.1 Pricing
Service fees are specified in your service agreement or order form. Current pricing is available upon request.
9.2 Payment Terms
Fees are billed monthly in advance or based on usage
Payment is within 14 days of invoice date
Accepted payment methods: Credit card, ACH transfer, wire transfer
Late payments subject to interest of 1.5% per month or maximum allowed by law
9.3 Taxes
You are responsible for all applicable taxes (excluding taxes based on our income). If we are required to collect taxes, they will be added to your invoice.
9.4 Fee Changes
We may change fees with 30 days written notice. Continued use after fee changes constitutes acceptance.
9.5 Non-Payment and Suspension
If fees remain unpaid after 30 days:
Services may be suspended without notice
We may charge reconnection fees
Outstanding amounts remain due
We may pursue collection, including legal action
10. Intellectual Property Rights
10.1 Our Intellectual Property
We and our licensors own all rights, title, and interest in:
Voice AI technology and algorithms
Software, code, and documentation
AI models and training data
Trademarks, branding, and logos
Service improvements and derivative works
Reservation of Rights: All rights not expressly granted to you are reserved by us.
10.2 Your Content and Data
You retain ownership of:
Your business content and data
Voice recordings and transcripts from your calls
Customer data processed through services
Your trademarks and branding
Limited License to Us: You grant us a limited license to process your content solely to provide services and as described in our Privacy Policy.
10.3 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about our services:
We may use them without obligation or compensation to you
You waive any intellectual property claims related to such feedback
Feedback does not create a confidential relationship
11. Confidentiality
11.1 Confidential Information
"Confidential Information" means non-public information disclosed by one party to the other, including:
Business strategies and plans
Technical information and systems
Customer data and pricing
Service specifications and configurations
11.2 Confidentiality Obligations
Each party agrees to:
Maintain confidentiality using reasonable care
Use Confidential Information only for purposes of this agreement
Limit disclosure to employees with a need-to-know
Not disclose to third parties without prior written consent
11.3 Exceptions
Confidentiality obligations do not apply to information that:
Is publicly available without a breach of this agreement
Was rightfully known prior to disclosure
Is independently developed without reference to Confidential Information
Must be disclosed pursuant to law or court order (with notice if permitted)
12. Warranties and Disclaimers
12.1 Our Limited Warranties
We warrant that:
We have the authority to enter into this agreement
Services will be provided in a professional manner consistent with industry standards
Services will substantially conform to documentation
Remedy: Your sole remedy for breach of warranty is re-performance of non-conforming services or, if we cannot correct within reasonable time, refund of fees paid for non-conforming services.
12.2 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN SECTION 12.1, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
MERCHANTABILITY: No warranty that services are fit for any particular purpose
FITNESS FOR PURPOSE: No warranty that services meet your specific requirements
NON-INFRINGEMENT: No warranty that services do not infringe third-party rights (but see indemnification)
ACCURACY: No warranty regarding accuracy, reliability, or completeness of AI outputs
AVAILABILITY: No warranty of uninterrupted, timely, secure, or error-free service
RESULTS: No warranty regarding results, outcomes, or business performance from using services
THIRD-PARTY SERVICES: No warranties for third-party integrations or services
AI PERFORMANCE: No warranty that AI will understand all inputs, provide correct responses, or perform without errors
COMPLIANCE: No warranty that services ensure your compliance with all applicable laws (you remain responsible for compliance)
12.3 AI-Specific Disclaimers
AI TECHNOLOGY LIMITATIONS:
Inherent Uncertainties: AI systems are probabilistic and may produce unexpected or incorrect outputs
Training Data Limitations: AI performance depends on training data quality and may not cover all scenarios
Bias and Fairness: Despite efforts to mitigate bias, AI systems may exhibit biases from training data
Context Limitations: AI may not fully understand context, nuance, sarcasm, or cultural references
Evolving Technology: AI technology is rapidly evolving, and system behavior may change
Not Human Judgment: AI does not possess human judgment, common sense, or ethical reasoning
No Professional Services: AI outputs do not constitute professional advice of any kind
You Must Validate: You are responsible for reviewing and validating all AI outputs before relying on them
12.4 Voice AI Quality Disclaimer
VOICE INTERACTION QUALITY:
Voice AI performance depends on many factors outside our control:
Audio quality and background noise
Accents, dialects, and speech patterns
Network connectivity and latency
User device and microphone quality
Call routing and telephony infrastructure
We cannot guarantee:
Successful transcription of all speech
Accurate intent recognition in all cases
Natural-sounding voice synthesis
Smooth conversation flow
Appropriate responses in all contexts
12.5 Integration and Compatibility Disclaimer
We do not warrant:
Compatibility with all third-party systems or services
Continued operation with future versions of third-party platforms
Seamless integration with your existing systems
That integrations will meet your specific requirements
13. Limitation of Liability
13.1 EXCLUSION OF CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
BUSINESS INTERRUPTION OR LOSS OF GOODWILL
COST OF SUBSTITUTE SERVICES
DAMAGES ARISING FROM USE OR INABILITY TO USE SERVICES
DAMAGES FROM ERRORS, MISTAKES, OR INACCURACIES IN SERVICE
DAMAGES FROM UNAUTHORIZED ACCESS OR DATA BREACHES
DAMAGES FROM AI ERRORS, MISUNDERSTANDINGS, OR INAPPROPRIATE RESPONSES
THIS EXCLUSION APPLIES REGARDLESS OF:
Legal theory (contract, tort, negligence, strict liability, or otherwise)
Whether the party was advised of the possibility of such damages
Whether the damages were foreseeable
13.2 CAP ON LIABILITY
MAXIMUM LIABILITY CAP:
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:
Fees paid by you in the 12 months preceding the claim, OR
$10,000
This cap applies to all causes of action in aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
13.3 Exceptions to Limitations
Limitations of liability do NOT apply to:
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Our intentional misconduct or gross negligence
Your breach of intellectual property rights
Your payment obligations
Your indemnification obligations
Liabilities that cannot be limited under applicable law
13.4 Essential Purpose
You acknowledge that these limitations of liability are essential elements of the bargain, and we would not provide services without these limitations.
13.5 Allocation of Risk
The limitations of liability reflect an informed, voluntary allocation of risk between the parties. The fees reflect this allocation of risk and limitation of liability.
14. Indemnification
14.1 Your Indemnification of Us
You agree to indemnify, defend, and hold harmless Vita Marketing Partners, LLC, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your Use of Services:
Your violation of these Terms
Your violation of any law or regulation
Your violation of third-party rights
TCPA violations arising from your calling practices
Privacy law violations in your handling of personal data
Failure to obtain required consents from end users
Failure to provide required disclosures about AI use
Misrepresentation or fraud in your interactions with end users
Your content, data, or materials
Infringement claims related to your use of services
Actions or omissions of your employees, agents, or contractors
Disputes with your customers or end users
Business Practices:
Deceptive or unfair trade practices
False advertising or misrepresentation
Unauthorized use of third-party intellectual property
Violation of consumer protection laws
14.2 Our Indemnification of You
We agree to indemnify, defend, and hold you harmless from third-party claims that our services infringe or misappropriate third-party intellectual property rights, provided that:
You notify us promptly in writing of the claim
We have sole control of defense and settlement
You provide reasonable cooperation in defense
The claim is not based on modifications you made or your combination of services with other products
Our Remedies: If services are found to infringe, we may, at our option:
Obtain the right for you to continue using the services
Replace or modify services to be non-infringing
Terminate services and refund prepaid fees for the unused portion
Exclusions: We have no obligation for claims arising from:
Your content or data
Modifications you made to services
Your combination of services with other products
Your continued use after we notify you to stop
Use in violation of these Terms
14.3 Indemnification Procedures
Notice: The Party seeking indemnification must promptly notify the indemnifying party of the claim
Control: The Indemnifying party has sole control over defense and settlement
Cooperation: The Party seeking indemnification must reasonably cooperate
No Settlement: Party seeking indemnification may not settle claim without the indemnifying party's consent
15. Term and Termination
15.1 Term
This agreement begins when you first access services and continues until terminated as provided herein.
Subscription Term:
You may terminate at any time with 30 days written notice.
Annual subscription: If you have an annual subscription, the initial term is one year and automatically renews for successive 12-month periods unless either party provides 30 days written notice before renewal.
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
Monthly subscription: If you have a monthly subscription, the initial term is 30 days and automatically renews for successive 30-day periods unless either party provides 30 days written notice before renewal.
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
15.2 Termination for Convenience
Your Right to Terminate:
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
Our Right to Terminate:
We may terminate with 30 days written notice.
Refund of prepaid fees for unused services.
15.3 Termination for Cause
Either party may terminate immediately if:
The other party materially breaches and fails to cure within 30 days of written notice
The other party becomes insolvent, files for bankruptcy, or ceases operations
Required by law or regulatory authority
We May Terminate Immediately If:
Your use violates laws or regulations
Your use poses security or safety risks
You fail to pay fees when due (after 30-day notice)
You violate usage restrictions or prohibited uses
You materially breach confidentiality obligations
15.4 Effect of Termination
Upon Termination:
Immediate Cessation: Your right to access and use services terminates immediately
Data Export: You have 30 days to export your data via the provided tools
Data Deletion: We will delete your data within 90 days after termination, except:
Data we must retain for legal compliance
Anonymized data used for analytics
Data in backups (deleted in normal course)
Outstanding Fees: You remain liable for all fees incurred before termination
Return of Confidential Information: Each party must return or destroy the other party's Confidential Information
15.5 Survival
The following provisions survive termination:
Payment obligations
Intellectual property rights
Confidentiality
Warranties and disclaimers
Limitation of liability
Indemnification
Dispute resolution
Any provision that by its nature should survive
16. Dispute Resolution
16.1 Informal Resolution
Before initiating formal proceedings, parties agree to attempt informal resolution:
Provide written notice describing the dispute
Meet and negotiate in good faith for 30 days
Senior executives from each party must participate
16.2 Governing Law
This agreement is governed by the laws of:
Primary: State of Wyoming, United States
Federal Law: US federal law applies where applicable
Conflicts of Law: Without regard to conflict of law principles
International Considerations: For EU clients, applicable EU and member state consumer protection, privacy, and regulatory laws apply where mandatory.
16.3 Jurisdiction (EU Clients)
For EU-based clients:
Disputes are subject to the jurisdiction of the courts in Germany
EU clients retain all rights under applicable consumer protection and mandatory laws
Nothing herein waives rights that cannot be waived under applicable law
16.5 Injunctive Relief
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, Data Processing Agreement, and any executed service agreements or order forms, constitute the entire agreement and supersede all prior agreements, representations, and understandings.
Order of Precedence: In case of conflict: (1) Executed service agreement; (2) DPA; (3) These Terms; (4) Privacy Policy.
17.2 Amendments
We may modify these Terms with 30 days' notice:
Notice via email to the account contact
Updated Terms posted on website
Continued use constitutes acceptance
Material changes highlighted in the notice
Your Rights: If you object to changes, you may terminate within the notice period.
17.3 Assignment
You may not assign this agreement without our prior written consent.
We may assign this agreement to affiliates or in connection with a merger, acquisition, or sale of assets with notice to you.
17.4 Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control, including:
Natural disasters, acts of God
War, terrorism, civil unrest
Government actions, laws, or regulations
Internet or telecommunications failures
Power outages or infrastructure failures
Pandemics or health emergencies
Strikes or labor disputes
Obligations: The Affected party must notify the other party and make reasonable efforts to resume performance.
Termination: If force majeure continues for more than 90 days, either party may terminate without penalty.
17.5 Relationship of Parties
Parties are independent contractors. Nothing herein creates:
Partnership, joint venture, or agency relationship
Employment relationship
Franchise or distributor relationship
Right to bind the other party or incur obligations on their behalf
17.6 Third-Party Beneficiaries
There are no third-party beneficiaries to this agreement. No person or entity not a party to this agreement has any right to enforce any term.
17.7 Waiver
Failure to enforce any provision does not waive the right to enforce later. Waiver of any breach does not waive subsequent breaches.
Waivers Must Be Written: Any waiver must be in writing and signed by an authorized representative.
17.8 Severability
If any provision is found invalid or unenforceable:
The remainder of the Terms remains in effect
Invalid provision modified to the minimum extent necessary to make it valid
If modification is impossible, the provision is severed
17.9 Notice
Notices Must Be in Writing:
To You: Email to the account contact address or mail to the business address on record
To Us:
Email: legal@voxietyai.com
Mail: Vita Marketing Partners, LLC, Attn: Legal Department, 30 N Gould St #54253, Sheridan, WY 82801, USA
Effective: Notices are effective upon receipt (email) or 3 business days after mailing.
17.10 Interpretation
Headings are for convenience only and do not affect interpretation
"Including" means "including without limitation"
Singular includes plural and vice versa
"Or" is not exclusive unless context requires
References to "days" mean calendar days unless specified as "business days"
17.11 Electronic Signatures
This agreement may be executed electronically and in counterparts. Electronic signatures have the same legal effect as original signatures.
17.12 Language
This agreement is in English. Any translation is for convenience only; the English version controls.
17.13 Export Compliance
You agree to comply with all applicable export and import laws, including US Export Administration Regulations and sanctions programs. You represent that you are not located in, under the control of, or a national of any embargoed country or on any restricted party list.
17.14 Government Use
If you are a US government entity, services are "commercial items" as defined in FAR 2.101, and use is governed by these Terms consistent with FAR 12.212 and DFARS 227.7202.
17.15 Equitable Relief
You acknowledge that breach of intellectual property, confidentiality, or usage restrictions may cause irreparable harm for which monetary damages are inadequate, and we are entitled to seek injunctive relief without bond.
18. AI-Specific Terms and Disclaimers
18.1 Responsible AI Use
You agree to use AI services responsibly and ethically:
Prohibited AI Uses:
Illegal activities or fraud
Harassment, abuse, or threats
Impersonation or deception (beyond legitimate business purposes)
Discrimination based on protected characteristics
Generation of harmful, offensive, or inappropriate content
Violation of third-party intellectual property rights
Manipulation or exploitation of vulnerable individuals
Interference with democratic processes
Creation of misleading deepfakes or synthetic media without disclosure
18.2 AI Accuracy and Reliability Disclaimer
NO GUARANTEE OF ACCURACY:
AI systems are not perfect and may:
Misunderstand user intent
Generate incorrect or nonsensical responses
Fail to recognize context or sarcasm
Exhibit biases from training data
Produce inconsistent responses to similar inputs
"Hallucinate" or generate plausible-sounding but false information
YOU ACKNOWLEDGE:
AI outputs are suggestions, not facts or professional advice
You must verify the accuracy of AI outputs before relying on them
You are solely responsible for decisions based on AI outputs
We are not liable for errors, inaccuracies, or consequences of AI outputs
18.3 AI Training and Improvement
Model Training:
We continuously improve AI models using various data sources
We may use anonymized, aggregated data from service usage
Client-specific data used for training only with consent and as specified in DPA
You can opt-out of data being used for model training
Model Updates:
AI models are regularly updated and improved
Updates may change system behavior and performance
We provide notice of material changes where feasible
No guarantee of backward compatibility
18.4 Bias and Fairness
Efforts to Mitigate Bias: We employ techniques to reduce bias in AI systems, including:
Diverse training data
Bias testing and monitoring
Fairness-aware algorithms
Regular model audits
No Guarantee: Despite efforts, AI systems may exhibit biases. You are responsible for:
Monitoring AI outputs for bias
Implementing additional safeguards as needed
Ensuring compliance with anti-discrimination laws
Providing human oversight for sensitive decisions
18.5 AI Explainability and Transparency
Limited Explainability:
AI decision-making processes are complex and may not be fully explainable
We provide general explanations of how systems work
We cannot always explain why a specific output was generated
"Black box" nature is inherent to some AI technologies
Transparency Commitments:
We disclose when AI is used in interactions
We provide documentation on AI capabilities and limitations
We inform of material changes to AI systems
We respond to reasonable inquiries about AI functioning
18.6 Human Oversight and Intervention
You Must Provide Human Oversight:
Monitor AI interactions for quality and appropriateness
Implement escalation paths to human agents
Review high-stakes or sensitive interactions
Override or correct AI when necessary
Human-in-the-Loop:
Some decisions should not be fully automated
You determine the appropriate level of human involvement
You are responsible for ensuring adequate human oversight
We provide tools to facilitate human review
18.7 AI Safety and Security
Safety Measures: We implement safeguards to prevent:
Generation of harmful content
Exploitation of system vulnerabilities
Unauthorized data access
Adversarial attacks
Limitations:
No system is completely secure
Adversaries may develop new attack methods
Safety measures may affect system performance
False positives/negatives may occur
Reporting:
Report safety issues or vulnerabilities to security@voxietyai.com
We investigate and address reported issues
Responsible disclosure appreciated
19. Specific Legal Disclaimers
19.1 No Legal, Medical, or Financial Advice
NOT PROFESSIONAL ADVICE:
Services do not provide, and AI outputs do not constitute:
Legal advice or legal services
Medical advice or diagnosis
Financial advice or investment recommendations
Tax advice
Professional consulting services
Therapeutic or counseling services
Consult Professionals: Users should consult qualified professionals for advice in these areas.
No Attorney-Client Relationship: Use of services does not create attorney-client, doctor-patient, or similar professional relationships.
19.2 No Guarantee of Regulatory Compliance
Compliance is Your Responsibility:
We do not guarantee that:
Services ensure your compliance with laws
AI outputs comply with all applicable regulations
Services are suitable for regulated industries
Services meet specific compliance requirements
You Are Responsible For:
Determining whether services are appropriate for your use case
Ensuring compliance with all applicable laws
Implementing additional controls as needed
Obtaining necessary licenses or certifications
Conducting your own compliance assessments
19.3 Third-Party Integrations Disclaimer
Third-Party Services:
Services may integrate with third-party platforms (e.g., telephony providers, CRM systems)
We do not control third-party services
We are not responsible for third-party actions, policies, or failures
Third-party terms and privacy policies apply
Integrations may change or cease without notice
No Endorsement: Inclusion of third-party integrations does not constitute endorsement.
19.4 Results and Performance Disclaimer
NO GUARANTEE OF RESULTS:
We do not guarantee:
Specific business outcomes or results
Increased sales, revenue, or efficiency
Customer satisfaction improvements
Cost savings or return on investment
Competitive advantages
Specific performance metrics
Results vary: Outcomes depend on many factors outside our control, including your implementation, use case, market conditions, and business practices.
19.5 Uptime and Availability Disclaimer
REASONABLE EFFORTS:
We make reasonable efforts to maintain service availability, but do not guarantee:
100% uptime or availability
Uninterrupted service
Error-free operation
Meeting specific performance benchmarks
Service during maintenance periods
Maintenance: We may perform scheduled maintenance with notice and emergency maintenance without notice.
19.6 Data Security Disclaimer
SECURITY MEASURES:
We implement industry-standard security measures, but cannot guarantee:
Absolute security of data
Prevention of all unauthorized access
Protection against all cyber threats
Zero data breaches
Shared Responsibility: Security is a shared responsibility. You must implement appropriate security measures on your end.
19.7 Telecommunications Disclaimer
CALL QUALITY:
Voice call quality depends on factors outside our control:
Telecommunications infrastructure
Network connectivity
Internet service quality
User devices and equipment
Third-party telephony providers
We are not responsible for:
Poor call quality due to network issues
Dropped calls or connection failures
Telephony provider outages or limitations
Incompatibility with specific carriers or equipment
20. Contact Information
For Questions About These Terms:
Email: legal@voxietyai.com
Mail: Vita Marketing Partners, LLC, Attn: Legal Department, 30 N Gould St #54253, Sheridan, WY 82801, USA
For Service Support:
Email: support@voxietyai.com
Contact form: https://www.voxietyai.com/contact
For Privacy Matters:
See Privacy Policy for contact information
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: November 1, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between Vita Marketing Partners, LLC ("Company," "we," "us," or "our"), operating as Voxiety Ai, and you ("Client," "you," or "your"), governing your access to and use of our voice AI services.
By accessing our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our services.
Company Information:
Legal Name: Vita Marketing Partners, LLC
Doing Business As: Voxiety Ai
Legal Entity Type: Wyoming Limited Liability Company
Address: 30 N Gould St #54253, Sheridan, WY 82801, USA
Contact Email: contact@voxietyai.com
Support Email: support@voxietyai.com
2. Eligibility and B2B Services
2.1 Business Customers Only
Our services are provided exclusively on a business-to-business (B2B) basis. By using our services, you represent and warrant that:
You are a business entity, not an individual consumer
You are entering into this agreement on behalf of your business
You have the authority to bind your organization to these Terms
Your use of our services is for business purposes only
You are at least 18 years of age and have the legal capacity to contract
2.2 Geographic Availability
Our services are available to businesses operating in the United States and the European Union (the "EU"). Use of services outside these jurisdictions may be subject to additional terms and restrictions.
3. AI Disclosure and Service Description
3.1 Nature of AI Services
IMPORTANT NOTICE: Our services utilize artificial intelligence (AI) technology for voice interactions and automation.
Our AI services include:
Automated voice conversation systems
Natural language processing and understanding
Voice synthesis and speech generation
Call handling and routing
Conversation analytics and reporting
Integration with business communication systems
Workflow automation
3.2 AI Limitations and Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
AI is Not Perfect: AI systems may:
Misunderstand or misinterpret user input
Provide incorrect, incomplete, or inappropriate responses
Fail to handle certain scenarios or edge cases
Experience technical errors or service disruptions
Perform differently across accents, languages, or speech patterns
No Guarantee of Accuracy: We do not guarantee that AI-generated responses or automations will be accurate, appropriate, or error-free.
Human Oversight Required: You are responsible for:
Implementing appropriate human oversight and review
Monitoring AI interactions for quality and compliance
Providing escalation paths to human agents when necessary
Training staff on AI system capabilities and limitations
Continuous Improvement: AI models are continuously trained and updated, which may result in changes to system behavior and performance.
Not a Substitute for Professional Judgment: Our AI services are tools to assist your business operations and do not constitute:
Legal advice
Medical advice
Financial advice
Professional consulting services
Guaranteed business outcomes
4. Account Registration and Management
4.1 Account Creation
To use our services, you must:
Provide accurate, complete, and current business information
Designate authorized representatives to manage your account
Maintain the security and confidentiality of account credentials
Notify us immediately of any unauthorized access or security breach
4.2 Account Security
You are responsible for:
All activities that occur under your account
Maintaining strong passwords and enabling multi-factor authentication
Restricting access to authorized personnel only
Compliance with all applicable laws in your use of the services
4.3 Account Termination
We reserve the right to suspend or terminate your account if:
You violate these Terms
Your use poses security or legal risks
You fail to pay fees when due
Required by law or legal process
5. Voice AI Services and Usage Rights
5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Access and use our voice AI services for your internal business purposes
Integrate our services into your business communication workflows
Configure and customize services within the provided parameters
5.2 Usage Restrictions
You may NOT:
Prohibited Uses:
Use services for illegal, harmful, or fraudulent purposes
Violate any applicable laws, including TCPA, privacy laws, or consumer protection regulations
Impersonate others or misrepresent your identity or affiliation
Interfere with or disrupt service operation or security
Attempt to reverse engineer, decompile, or extract source code
Use services to harass, abuse, or harm others
Make unsolicited calls without proper consent (TCPA violation)
Process personal data in violation of privacy laws
Use services to collect or harvest user information
Resell or sublicense services without written authorization
Compliance Obligations:
Obtain all necessary consents for call recording and AI interaction
Comply with Do Not Call (DNC) registries and opt-out requests
Provide required disclosures to end users about AI use
Honor user privacy rights and data protection regulations
Implement appropriate safeguards for data security
5.3 AI Disclosure to End Users
CRITICAL REQUIREMENT: You must disclose to end users that they are interacting with an AI system. Specifically:
Disclosure must be made at the beginning of voice interactions
Users must be informed that calls may be recorded
Disclosure must be clear, conspicuous, and in plain language
Users must have the option to opt-out or speak with a human agent (where applicable)
Sample Disclosure: "You are speaking with an AI-powered voice assistant. This call may be recorded for quality and training purposes. Press [X] to speak with a human representative."
6. Call Recording and Telecommunications Compliance
6.1 Call Recording Consent
Two-Party Consent States: In jurisdictions requiring all-party consent for call recording (including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington), you must:
Obtain explicit consent from all parties before recording
Provide a clear notice of recording at call commencement
Stop recording if consent is withdrawn
One-Party Consent Jurisdictions: In other US states, you must still provide notice of recording as required by applicable law and these Terms.
EU Requirements: Under GDPR and ePrivacy Directive, you must obtain explicit consent for call recording from EU data subjects.
6.2 TCPA Compliance (US)
The Telephone Consumer Protection Act (TCPA) imposes strict requirements on automated calling systems. You agree to:
Prior Express Consent: Obtain prior express written consent before making automated marketing calls or texts
DNC Compliance: Honor the National Do Not Call Registry and maintain internal DNC lists
Identification: Clearly identify your business at the beginning of calls
Opt-Out Mechanism: Provide an easy opt-out mechanism during each call
Time Restrictions: Make calls only during permitted hours (8 am-9 pm recipient's local time)
Prohibited Practices:
No calls to emergency lines, hospitals, or numbers where charges apply
No predictive dialers to mobile phones without consent
No prerecorded messages to residential lines without consent
Penalties: TCPA violations can result in fines up to $1,500 per violation. You are solely responsible for TCPA compliance in your use of our services.
TCPA compliance is your responsibility; we provide tools, but you control calling practices
6.3 International Calling Regulations
For calls to/from the EU:
Comply with the ePrivacy Directive and GDPR
Obtain consent for electronic communications
Honor opt-out requests
Provide clear caller identification
7. Data Processing and Privacy
7.1 Data Controller/Processor Relationship
Data Roles:
You (Client) are the Data Controller: You determine the purposes and means of processing end-user personal data
We are the Data Processor: We process data on your behalf according to your instructions
Data Processing Agreement (DPA): A separate Data Processing Agreement, incorporating Standard Contractual Clauses for international data transfers, is incorporated by reference and governs data processing activities.
7.2 Client Responsibilities for End User Data
You are responsible for:
Providing privacy notices to end users
Obtaining necessary consents and maintaining records
Ensuring a lawful basis for processing personal data
Responding to data subject access requests
Reporting data breaches to affected individuals as required by law
Complying with data localization and residency requirements
7.3 Our Responsibilities
We will:
Process data only as instructed by you or as required by law
Implement appropriate security measures
Assist with data subject requests and breach notifications
Notify you of any data breaches within 72 hours
Engage subprocessors only with notice to you
Delete or return data upon termination (subject to legal retention)
7.4 Voice Data and AI Training
Client Data Ownership: You retain all ownership rights to:
Voice recordings
Call transcripts
Customer data processed through services
Business information and configurations
Our Use of Data:
Service Delivery: We use your data solely to provide services
8. Service Levels and Support
8.1 Service Availability
We strive to maintain service availability of 99.9% uptime, calculated monthly (excluding scheduled maintenance).
No Guarantee: Service availability is a target, not a guarantee. We do not guarantee uninterrupted or error-free service.
Scheduled Maintenance: We may perform scheduled maintenance with 14 days' advance notice where feasible.
8.2 Support Services
Support Channels:
Email support: support@voxietyai.com
Contact form: https://www.voxietyai.com/contact
Support Hours: Business hours: 9 am-5 pm (9:00-17:00) CET, Monday-Friday
Response Times: We aim to respond to support requests within 24 business hours
8.3 Service Modifications
We reserve the right to:
Modify, suspend, or discontinue services or features
Update AI models and system capabilities
Change service specifications with reasonable notice
Implement security patches and updates without notice
Notice of Material Changes: We will provide at least 30 days' notice of material changes that negatively impact service functionality.
9. Fees and Payment
9.1 Pricing
Service fees are specified in your service agreement or order form. Current pricing is available upon request.
9.2 Payment Terms
Fees are billed monthly in advance or based on usage
Payment is within 14 days of invoice date
Accepted payment methods: Credit card, ACH transfer, wire transfer
Late payments subject to interest of 1.5% per month or maximum allowed by law
9.3 Taxes
You are responsible for all applicable taxes (excluding taxes based on our income). If we are required to collect taxes, they will be added to your invoice.
9.4 Fee Changes
We may change fees with 30 days written notice. Continued use after fee changes constitutes acceptance.
9.5 Non-Payment and Suspension
If fees remain unpaid after 30 days:
Services may be suspended without notice
We may charge reconnection fees
Outstanding amounts remain due
We may pursue collection, including legal action
10. Intellectual Property Rights
10.1 Our Intellectual Property
We and our licensors own all rights, title, and interest in:
Voice AI technology and algorithms
Software, code, and documentation
AI models and training data
Trademarks, branding, and logos
Service improvements and derivative works
Reservation of Rights: All rights not expressly granted to you are reserved by us.
10.2 Your Content and Data
You retain ownership of:
Your business content and data
Voice recordings and transcripts from your calls
Customer data processed through services
Your trademarks and branding
Limited License to Us: You grant us a limited license to process your content solely to provide services and as described in our Privacy Policy.
10.3 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about our services:
We may use them without obligation or compensation to you
You waive any intellectual property claims related to such feedback
Feedback does not create a confidential relationship
11. Confidentiality
11.1 Confidential Information
"Confidential Information" means non-public information disclosed by one party to the other, including:
Business strategies and plans
Technical information and systems
Customer data and pricing
Service specifications and configurations
11.2 Confidentiality Obligations
Each party agrees to:
Maintain confidentiality using reasonable care
Use Confidential Information only for purposes of this agreement
Limit disclosure to employees with a need-to-know
Not disclose to third parties without prior written consent
11.3 Exceptions
Confidentiality obligations do not apply to information that:
Is publicly available without a breach of this agreement
Was rightfully known prior to disclosure
Is independently developed without reference to Confidential Information
Must be disclosed pursuant to law or court order (with notice if permitted)
12. Warranties and Disclaimers
12.1 Our Limited Warranties
We warrant that:
We have the authority to enter into this agreement
Services will be provided in a professional manner consistent with industry standards
Services will substantially conform to documentation
Remedy: Your sole remedy for breach of warranty is re-performance of non-conforming services or, if we cannot correct within reasonable time, refund of fees paid for non-conforming services.
12.2 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN SECTION 12.1, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
MERCHANTABILITY: No warranty that services are fit for any particular purpose
FITNESS FOR PURPOSE: No warranty that services meet your specific requirements
NON-INFRINGEMENT: No warranty that services do not infringe third-party rights (but see indemnification)
ACCURACY: No warranty regarding accuracy, reliability, or completeness of AI outputs
AVAILABILITY: No warranty of uninterrupted, timely, secure, or error-free service
RESULTS: No warranty regarding results, outcomes, or business performance from using services
THIRD-PARTY SERVICES: No warranties for third-party integrations or services
AI PERFORMANCE: No warranty that AI will understand all inputs, provide correct responses, or perform without errors
COMPLIANCE: No warranty that services ensure your compliance with all applicable laws (you remain responsible for compliance)
12.3 AI-Specific Disclaimers
AI TECHNOLOGY LIMITATIONS:
Inherent Uncertainties: AI systems are probabilistic and may produce unexpected or incorrect outputs
Training Data Limitations: AI performance depends on training data quality and may not cover all scenarios
Bias and Fairness: Despite efforts to mitigate bias, AI systems may exhibit biases from training data
Context Limitations: AI may not fully understand context, nuance, sarcasm, or cultural references
Evolving Technology: AI technology is rapidly evolving, and system behavior may change
Not Human Judgment: AI does not possess human judgment, common sense, or ethical reasoning
No Professional Services: AI outputs do not constitute professional advice of any kind
You Must Validate: You are responsible for reviewing and validating all AI outputs before relying on them
12.4 Voice AI Quality Disclaimer
VOICE INTERACTION QUALITY:
Voice AI performance depends on many factors outside our control:
Audio quality and background noise
Accents, dialects, and speech patterns
Network connectivity and latency
User device and microphone quality
Call routing and telephony infrastructure
We cannot guarantee:
Successful transcription of all speech
Accurate intent recognition in all cases
Natural-sounding voice synthesis
Smooth conversation flow
Appropriate responses in all contexts
12.5 Integration and Compatibility Disclaimer
We do not warrant:
Compatibility with all third-party systems or services
Continued operation with future versions of third-party platforms
Seamless integration with your existing systems
That integrations will meet your specific requirements
13. Limitation of Liability
13.1 EXCLUSION OF CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
BUSINESS INTERRUPTION OR LOSS OF GOODWILL
COST OF SUBSTITUTE SERVICES
DAMAGES ARISING FROM USE OR INABILITY TO USE SERVICES
DAMAGES FROM ERRORS, MISTAKES, OR INACCURACIES IN SERVICE
DAMAGES FROM UNAUTHORIZED ACCESS OR DATA BREACHES
DAMAGES FROM AI ERRORS, MISUNDERSTANDINGS, OR INAPPROPRIATE RESPONSES
THIS EXCLUSION APPLIES REGARDLESS OF:
Legal theory (contract, tort, negligence, strict liability, or otherwise)
Whether the party was advised of the possibility of such damages
Whether the damages were foreseeable
13.2 CAP ON LIABILITY
MAXIMUM LIABILITY CAP:
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:
Fees paid by you in the 12 months preceding the claim, OR
$10,000
This cap applies to all causes of action in aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
13.3 Exceptions to Limitations
Limitations of liability do NOT apply to:
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Our intentional misconduct or gross negligence
Your breach of intellectual property rights
Your payment obligations
Your indemnification obligations
Liabilities that cannot be limited under applicable law
13.4 Essential Purpose
You acknowledge that these limitations of liability are essential elements of the bargain, and we would not provide services without these limitations.
13.5 Allocation of Risk
The limitations of liability reflect an informed, voluntary allocation of risk between the parties. The fees reflect this allocation of risk and limitation of liability.
14. Indemnification
14.1 Your Indemnification of Us
You agree to indemnify, defend, and hold harmless Vita Marketing Partners, LLC, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your Use of Services:
Your violation of these Terms
Your violation of any law or regulation
Your violation of third-party rights
TCPA violations arising from your calling practices
Privacy law violations in your handling of personal data
Failure to obtain required consents from end users
Failure to provide required disclosures about AI use
Misrepresentation or fraud in your interactions with end users
Your content, data, or materials
Infringement claims related to your use of services
Actions or omissions of your employees, agents, or contractors
Disputes with your customers or end users
Business Practices:
Deceptive or unfair trade practices
False advertising or misrepresentation
Unauthorized use of third-party intellectual property
Violation of consumer protection laws
14.2 Our Indemnification of You
We agree to indemnify, defend, and hold you harmless from third-party claims that our services infringe or misappropriate third-party intellectual property rights, provided that:
You notify us promptly in writing of the claim
We have sole control of defense and settlement
You provide reasonable cooperation in defense
The claim is not based on modifications you made or your combination of services with other products
Our Remedies: If services are found to infringe, we may, at our option:
Obtain the right for you to continue using the services
Replace or modify services to be non-infringing
Terminate services and refund prepaid fees for the unused portion
Exclusions: We have no obligation for claims arising from:
Your content or data
Modifications you made to services
Your combination of services with other products
Your continued use after we notify you to stop
Use in violation of these Terms
14.3 Indemnification Procedures
Notice: The Party seeking indemnification must promptly notify the indemnifying party of the claim
Control: The Indemnifying party has sole control over defense and settlement
Cooperation: The Party seeking indemnification must reasonably cooperate
No Settlement: Party seeking indemnification may not settle claim without the indemnifying party's consent
15. Term and Termination
15.1 Term
This agreement begins when you first access services and continues until terminated as provided herein.
Subscription Term:
You may terminate at any time with 30 days written notice.
Annual subscription: If you have an annual subscription, the initial term is one year and automatically renews for successive 12-month periods unless either party provides 30 days written notice before renewal.
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
Monthly subscription: If you have a monthly subscription, the initial term is 30 days and automatically renews for successive 30-day periods unless either party provides 30 days written notice before renewal.
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
15.2 Termination for Convenience
Your Right to Terminate:
No refund of prepaid fees unless otherwise specified in your agreement.
Termination is effective at the end of the current billing period.
Our Right to Terminate:
We may terminate with 30 days written notice.
Refund of prepaid fees for unused services.
15.3 Termination for Cause
Either party may terminate immediately if:
The other party materially breaches and fails to cure within 30 days of written notice
The other party becomes insolvent, files for bankruptcy, or ceases operations
Required by law or regulatory authority
We May Terminate Immediately If:
Your use violates laws or regulations
Your use poses security or safety risks
You fail to pay fees when due (after 30-day notice)
You violate usage restrictions or prohibited uses
You materially breach confidentiality obligations
15.4 Effect of Termination
Upon Termination:
Immediate Cessation: Your right to access and use services terminates immediately
Data Export: You have 30 days to export your data via the provided tools
Data Deletion: We will delete your data within 90 days after termination, except:
Data we must retain for legal compliance
Anonymized data used for analytics
Data in backups (deleted in normal course)
Outstanding Fees: You remain liable for all fees incurred before termination
Return of Confidential Information: Each party must return or destroy the other party's Confidential Information
15.5 Survival
The following provisions survive termination:
Payment obligations
Intellectual property rights
Confidentiality
Warranties and disclaimers
Limitation of liability
Indemnification
Dispute resolution
Any provision that by its nature should survive
16. Dispute Resolution
16.1 Informal Resolution
Before initiating formal proceedings, parties agree to attempt informal resolution:
Provide written notice describing the dispute
Meet and negotiate in good faith for 30 days
Senior executives from each party must participate
16.2 Governing Law
This agreement is governed by the laws of:
Primary: State of Wyoming, United States
Federal Law: US federal law applies where applicable
Conflicts of Law: Without regard to conflict of law principles
International Considerations: For EU clients, applicable EU and member state consumer protection, privacy, and regulatory laws apply where mandatory.
16.3 Jurisdiction (EU Clients)
For EU-based clients:
Disputes are subject to the jurisdiction of the courts in Germany
EU clients retain all rights under applicable consumer protection and mandatory laws
Nothing herein waives rights that cannot be waived under applicable law
16.5 Injunctive Relief
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, Data Processing Agreement, and any executed service agreements or order forms, constitute the entire agreement and supersede all prior agreements, representations, and understandings.
Order of Precedence: In case of conflict: (1) Executed service agreement; (2) DPA; (3) These Terms; (4) Privacy Policy.
17.2 Amendments
We may modify these Terms with 30 days' notice:
Notice via email to the account contact
Updated Terms posted on website
Continued use constitutes acceptance
Material changes highlighted in the notice
Your Rights: If you object to changes, you may terminate within the notice period.
17.3 Assignment
You may not assign this agreement without our prior written consent.
We may assign this agreement to affiliates or in connection with a merger, acquisition, or sale of assets with notice to you.
17.4 Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control, including:
Natural disasters, acts of God
War, terrorism, civil unrest
Government actions, laws, or regulations
Internet or telecommunications failures
Power outages or infrastructure failures
Pandemics or health emergencies
Strikes or labor disputes
Obligations: The Affected party must notify the other party and make reasonable efforts to resume performance.
Termination: If force majeure continues for more than 90 days, either party may terminate without penalty.
17.5 Relationship of Parties
Parties are independent contractors. Nothing herein creates:
Partnership, joint venture, or agency relationship
Employment relationship
Franchise or distributor relationship
Right to bind the other party or incur obligations on their behalf
17.6 Third-Party Beneficiaries
There are no third-party beneficiaries to this agreement. No person or entity not a party to this agreement has any right to enforce any term.
17.7 Waiver
Failure to enforce any provision does not waive the right to enforce later. Waiver of any breach does not waive subsequent breaches.
Waivers Must Be Written: Any waiver must be in writing and signed by an authorized representative.
17.8 Severability
If any provision is found invalid or unenforceable:
The remainder of the Terms remains in effect
Invalid provision modified to the minimum extent necessary to make it valid
If modification is impossible, the provision is severed
17.9 Notice
Notices Must Be in Writing:
To You: Email to the account contact address or mail to the business address on record
To Us:
Email: legal@voxietyai.com
Mail: Vita Marketing Partners, LLC, Attn: Legal Department, 30 N Gould St #54253, Sheridan, WY 82801, USA
Effective: Notices are effective upon receipt (email) or 3 business days after mailing.
17.10 Interpretation
Headings are for convenience only and do not affect interpretation
"Including" means "including without limitation"
Singular includes plural and vice versa
"Or" is not exclusive unless context requires
References to "days" mean calendar days unless specified as "business days"
17.11 Electronic Signatures
This agreement may be executed electronically and in counterparts. Electronic signatures have the same legal effect as original signatures.
17.12 Language
This agreement is in English. Any translation is for convenience only; the English version controls.
17.13 Export Compliance
You agree to comply with all applicable export and import laws, including US Export Administration Regulations and sanctions programs. You represent that you are not located in, under the control of, or a national of any embargoed country or on any restricted party list.
17.14 Government Use
If you are a US government entity, services are "commercial items" as defined in FAR 2.101, and use is governed by these Terms consistent with FAR 12.212 and DFARS 227.7202.
17.15 Equitable Relief
You acknowledge that breach of intellectual property, confidentiality, or usage restrictions may cause irreparable harm for which monetary damages are inadequate, and we are entitled to seek injunctive relief without bond.
18. AI-Specific Terms and Disclaimers
18.1 Responsible AI Use
You agree to use AI services responsibly and ethically:
Prohibited AI Uses:
Illegal activities or fraud
Harassment, abuse, or threats
Impersonation or deception (beyond legitimate business purposes)
Discrimination based on protected characteristics
Generation of harmful, offensive, or inappropriate content
Violation of third-party intellectual property rights
Manipulation or exploitation of vulnerable individuals
Interference with democratic processes
Creation of misleading deepfakes or synthetic media without disclosure
18.2 AI Accuracy and Reliability Disclaimer
NO GUARANTEE OF ACCURACY:
AI systems are not perfect and may:
Misunderstand user intent
Generate incorrect or nonsensical responses
Fail to recognize context or sarcasm
Exhibit biases from training data
Produce inconsistent responses to similar inputs
"Hallucinate" or generate plausible-sounding but false information
YOU ACKNOWLEDGE:
AI outputs are suggestions, not facts or professional advice
You must verify the accuracy of AI outputs before relying on them
You are solely responsible for decisions based on AI outputs
We are not liable for errors, inaccuracies, or consequences of AI outputs
18.3 AI Training and Improvement
Model Training:
We continuously improve AI models using various data sources
We may use anonymized, aggregated data from service usage
Client-specific data used for training only with consent and as specified in DPA
You can opt-out of data being used for model training
Model Updates:
AI models are regularly updated and improved
Updates may change system behavior and performance
We provide notice of material changes where feasible
No guarantee of backward compatibility
18.4 Bias and Fairness
Efforts to Mitigate Bias: We employ techniques to reduce bias in AI systems, including:
Diverse training data
Bias testing and monitoring
Fairness-aware algorithms
Regular model audits
No Guarantee: Despite efforts, AI systems may exhibit biases. You are responsible for:
Monitoring AI outputs for bias
Implementing additional safeguards as needed
Ensuring compliance with anti-discrimination laws
Providing human oversight for sensitive decisions
18.5 AI Explainability and Transparency
Limited Explainability:
AI decision-making processes are complex and may not be fully explainable
We provide general explanations of how systems work
We cannot always explain why a specific output was generated
"Black box" nature is inherent to some AI technologies
Transparency Commitments:
We disclose when AI is used in interactions
We provide documentation on AI capabilities and limitations
We inform of material changes to AI systems
We respond to reasonable inquiries about AI functioning
18.6 Human Oversight and Intervention
You Must Provide Human Oversight:
Monitor AI interactions for quality and appropriateness
Implement escalation paths to human agents
Review high-stakes or sensitive interactions
Override or correct AI when necessary
Human-in-the-Loop:
Some decisions should not be fully automated
You determine the appropriate level of human involvement
You are responsible for ensuring adequate human oversight
We provide tools to facilitate human review
18.7 AI Safety and Security
Safety Measures: We implement safeguards to prevent:
Generation of harmful content
Exploitation of system vulnerabilities
Unauthorized data access
Adversarial attacks
Limitations:
No system is completely secure
Adversaries may develop new attack methods
Safety measures may affect system performance
False positives/negatives may occur
Reporting:
Report safety issues or vulnerabilities to security@voxietyai.com
We investigate and address reported issues
Responsible disclosure appreciated
19. Specific Legal Disclaimers
19.1 No Legal, Medical, or Financial Advice
NOT PROFESSIONAL ADVICE:
Services do not provide, and AI outputs do not constitute:
Legal advice or legal services
Medical advice or diagnosis
Financial advice or investment recommendations
Tax advice
Professional consulting services
Therapeutic or counseling services
Consult Professionals: Users should consult qualified professionals for advice in these areas.
No Attorney-Client Relationship: Use of services does not create attorney-client, doctor-patient, or similar professional relationships.
19.2 No Guarantee of Regulatory Compliance
Compliance is Your Responsibility:
We do not guarantee that:
Services ensure your compliance with laws
AI outputs comply with all applicable regulations
Services are suitable for regulated industries
Services meet specific compliance requirements
You Are Responsible For:
Determining whether services are appropriate for your use case
Ensuring compliance with all applicable laws
Implementing additional controls as needed
Obtaining necessary licenses or certifications
Conducting your own compliance assessments
19.3 Third-Party Integrations Disclaimer
Third-Party Services:
Services may integrate with third-party platforms (e.g., telephony providers, CRM systems)
We do not control third-party services
We are not responsible for third-party actions, policies, or failures
Third-party terms and privacy policies apply
Integrations may change or cease without notice
No Endorsement: Inclusion of third-party integrations does not constitute endorsement.
19.4 Results and Performance Disclaimer
NO GUARANTEE OF RESULTS:
We do not guarantee:
Specific business outcomes or results
Increased sales, revenue, or efficiency
Customer satisfaction improvements
Cost savings or return on investment
Competitive advantages
Specific performance metrics
Results vary: Outcomes depend on many factors outside our control, including your implementation, use case, market conditions, and business practices.
19.5 Uptime and Availability Disclaimer
REASONABLE EFFORTS:
We make reasonable efforts to maintain service availability, but do not guarantee:
100% uptime or availability
Uninterrupted service
Error-free operation
Meeting specific performance benchmarks
Service during maintenance periods
Maintenance: We may perform scheduled maintenance with notice and emergency maintenance without notice.
19.6 Data Security Disclaimer
SECURITY MEASURES:
We implement industry-standard security measures, but cannot guarantee:
Absolute security of data
Prevention of all unauthorized access
Protection against all cyber threats
Zero data breaches
Shared Responsibility: Security is a shared responsibility. You must implement appropriate security measures on your end.
19.7 Telecommunications Disclaimer
CALL QUALITY:
Voice call quality depends on factors outside our control:
Telecommunications infrastructure
Network connectivity
Internet service quality
User devices and equipment
Third-party telephony providers
We are not responsible for:
Poor call quality due to network issues
Dropped calls or connection failures
Telephony provider outages or limitations
Incompatibility with specific carriers or equipment
20. Contact Information
For Questions About These Terms:
Email: legal@voxietyai.com
Mail: Vita Marketing Partners, LLC, Attn: Legal Department, 30 N Gould St #54253, Sheridan, WY 82801, USA
For Service Support:
Email: support@voxietyai.com
Contact form: https://www.voxietyai.com/contact
For Privacy Matters:
See Privacy Policy for contact information
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.