Terms of Service
Please read these terms carefully before using our voice AI platform and services.
Agreement to Terms
These Terms of Service ("Terms") govern your use of Audial's voice AI platform and services ("Services") operated by Audial ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
Description of Services
Audial provides AI-powered voice agents and related services, including:
- Voice AI agents for customer service and support
- Lead qualification and conversion tools
- Appointment booking and scheduling systems
- Voice analytics and reporting
- Integration with third-party platforms
- Custom voice AI solutions
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.
User Accounts and Registration
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
You must be at least 18 years old to create an account and use our Services.
Acceptable Use Policy
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful, offensive, or inappropriate content
- Engage in fraudulent or deceptive practices
- Interfere with or disrupt our Services
- Attempt to gain unauthorized access to our systems
- Use our Services for spam or unsolicited communications
- Reverse engineer or attempt to extract source code
Voice Data and User Content
Your Content
You retain ownership of any content, including voice recordings, that you provide to our Services. By using our Services, you grant us a limited license to:
- Process and analyze your voice data to provide our Services
- Use aggregated, anonymized data to improve our AI models
- Store and transmit your content as necessary for service delivery
Content Standards
You are responsible for ensuring that your content:
- Complies with all applicable laws and regulations
- Does not infringe on third-party rights
- Is appropriate for the intended use case
- Does not contain malicious or harmful elements
Payment Terms
Subscription Fees
Our Services are offered on a subscription basis. You agree to pay all applicable fees as described in your chosen plan. Fees are:
- Charged in advance on a monthly or annual basis
- Non-refundable except as required by law
- Subject to change with 30 days' notice
- Exclusive of applicable taxes
Usage-Based Charges
Some features may incur additional usage-based charges, including:
- Voice processing minutes beyond plan limits
- Premium integrations and add-ons
- Custom development services
Payment Processing
Payments are processed by third-party payment processors. You authorize us to charge your designated payment method for all applicable fees. Failed payments may result in service suspension.
Intellectual Property Rights
Our Rights
We own all rights, title, and interest in our Services, including:
- Software, algorithms, and AI models
- Trademarks, logos, and brand elements
- Documentation and user interfaces
- Aggregated and anonymized data insights
License to Use
We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms. This license terminates when your subscription ends or these Terms are terminated.
Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our Services, you consent to the collection, processing, and use of your information as described in our Privacy Policy.
Service Availability and Support
Uptime and Availability
We strive to maintain high service availability but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance when possible.
Support Services
Support is provided according to your subscription plan. We offer various support channels including email, chat, and phone support for eligible plans. Contact us at support@audial.co for assistance.
Disclaimers and Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT AND TITLE
- ACCURACY, RELIABILITY, OR COMPLETENESS
- UNINTERRUPTED OR ERROR-FREE OPERATION
AI-generated responses may not always be accurate. You are responsible for reviewing and validating all AI outputs before use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- Loss of profits, data, or business opportunities
- Service interruptions or delays
- Third-party actions or content
- Security breaches beyond our control
Our total liability shall not exceed the amount paid by you for our Services in the 12 months preceding the claim.
Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our Services, violation of these Terms, or infringement of third-party rights.
Termination
Termination by You
You may terminate your account at any time through your account settings or by contacting support at support@audial.co. Termination does not entitle you to a refund of prepaid fees.
Termination by Us
We may terminate or suspend your access immediately for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Extended periods of inactivity
Effect of Termination
Upon termination, your access to our Services will cease, and we may delete your data according to our data retention policies. Provisions that should survive termination will remain in effect.
Governing Law and Disputes
These Terms are governed by the laws of California, United States, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in San Francisco, California.
You waive any right to participate in class action lawsuits or class-wide arbitration.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
Contact Information
If you have questions about these Terms of Service, please contact us:
- Email: legal@audial.co
- Phone: +1 (555) 123-4567
- Address: Audial Legal Department
123 Business Ave, Suite 100
San Francisco, CA 94105