Governing self-serve access to the Vosy AI platform at vosy.ai · Last updated: August 11, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (these "Terms") are a binding agreement between Vosy LLC, a Nevada limited liability company ("Vosy," "we," "us," or "our"), and the person or entity accessing or using the Service ("Customer," "you," or "your"). These Terms include important provisions that limit our liability, allocate risk to you, disclaim warranties, and require the resolution of most disputes through binding individual arbitration with a class action and jury trial waiver (Section 22). By clicking "I agree" (or a similar control), creating an account, or accessing or using the Service, you accept these Terms. If you do not agree, do not access or use the Service. If you accept on behalf of an entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.
If you and Vosy have executed a Master Services Agreement or other signed written agreement covering the Service (an "Enterprise Agreement"), the Enterprise Agreement governs to the extent of any conflict with these Terms.
These Terms, together with the plan you select or purchase (your "Plan"), the pricing and usage terms published at vosy.ai (the "Pricing Page"), any policies referenced in these Terms, and the Vosy Privacy Policy, form the entire agreement between you and Vosy regarding the Service and supersede all prior or contemporaneous understandings.
The Service is a business tool intended solely for commercial use by businesses and professionals. It is not offered to, and may not be used by, consumers for personal, family, or household purposes. You must be at least 18 years old, located in the United States, and capable of forming a binding contract to use the Service. Federal, state, local, tribal, and territorial government entities may purchase the Service only under a signed Enterprise Agreement addressing government-specific requirements, and may not accept these Terms by click-through. You consent to transact electronically, and you agree that your electronic acceptance and our records of it satisfy any requirement that this agreement be in writing or signed. "United States" as used in these Terms means the 50 states, the District of Columbia, and the U.S. territories; if you use the Service from a U.S. territory, you are solely responsible for compliance with all territory-specific laws.
"Authorized User" means an employee, contractor, or agent of Customer whom Customer permits to access the Service under Customer's account.
"Call Recipient" means any individual who places a call to, or receives a call from, an Agent operated through the Service.
"Agent" means an AI voice agent configured and operated by or for Customer through the Service.
"Customer Content" means all data, prompts, instructions, scripts, conversation flows, knowledge-base materials, uploaded documents, contact lists, phone numbers, call recordings, transcriptions, voice data, extracted information, and other content that Customer or its Authorized Users submit to, configure in, or generate through the Service.
"Output" means content generated by the Service in response to Customer's configurations, including Agent speech, transcripts, summaries, extracted data, sentiment analysis, and reports.
"Service" means the Vosy AI voice-agent platform, including the vosy.ai websites, dashboard, software, Agents, telephony features, campaign tools, APIs, and Documentation, together with all related features Vosy makes available.
"Documentation" means Vosy's then-current usage guides and technical documentation for the Service.
Subject to these Terms and your timely payment of all fees, Vosy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription term to access and use the Service, solely for your internal business operations and in accordance with the Documentation and your Plan limits.
You will not, and will not permit anyone to: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or attempt to derive or discover the source code, models, system prompts, prompt chains, orchestration or routing logic, model-selection logic, embeddings, guardrails, safety mechanisms, or other non-public components of the Service, except to the extent this restriction is prohibited by law; (c) extract, harvest, or attempt to reveal system prompts or hidden instructions, manipulate model behavior, or engage in prompt-injection or model-extraction attacks against the Service or its components; (d) rent, lease, sell, resell, sublicense, distribute, or otherwise make the Service available to any third party, or operate the Service as a service bureau, except as expressly permitted in writing by Vosy; (e) circumvent or exceed Plan limits, usage caps, or access controls, or share credentials; (f) conduct any penetration testing, vulnerability scanning, load testing, or stress testing of the Service, or otherwise probe or test its security or safeguards, without Vosy's prior written authorization, or interfere with the Service's operation; (g) access the Service to build, train, benchmark, or improve a competing product or service; (h) publish or disclose to any third party any benchmark, latency, performance, uptime, or security test or comparison of the Service without Vosy's prior written consent; (i) use any automated means to scrape or extract data from the Service except through documented APIs; or (j) remove or obscure any proprietary notices. Vosy may rate-limit, throttle, cap, restrict, or suspend API and platform access as reasonably necessary to protect the Service, its providers, and its users from abuse, excessive load, or automated misuse.
Vosy may modify the Service (including features, third-party providers, and Plan limits) at any time. Vosy will use commercially reasonable efforts to avoid material degradation of core functionality for paid Plans during a paid term, but Vosy does not promise that any feature will remain available. Without limiting the foregoing, Vosy may modify, disable, or suspend features, call flows, or recording functionality, and may require additional disclosures, consents, or safeguards, in each case as Vosy reasonably determines necessary to comply with any new or changed law, regulation, regulatory guidance or interpretation, court or agency order, or carrier, telephony, or upstream provider requirement, and no such change is a breach of these Terms.
You must provide accurate, current, and complete registration information and keep it updated. You are fully responsible for all activity under your account and for maintaining the confidentiality of credentials and API keys. You will notify Vosy promptly at contact@vosy.ai of any suspected unauthorized access. Vosy is not liable for any loss arising from unauthorized use of your account.
Fees, included usage minutes, per-minute rates, and overage rates for each Plan are stated on the Pricing Page and are incorporated into these Terms. Usage is measured by the Service, and Vosy's measurements are authoritative and binding absent manifest error. Included minutes do not roll over between billing periods unless the Pricing Page expressly states otherwise. Usage beyond included minutes is billed at the applicable overage rate. Vosy may require a payment method on file and may charge overages as they accrue or on your next billing date.
Paid Plans automatically renew for successive periods equal to your billing cycle (monthly or yearly) at the then-current rates, and your payment method will be charged at the start of each renewal period, unless you cancel before the renewal date through your account settings or by written notice to contact@vosy.ai. Cancellation takes effect at the end of the then-current billing period; you retain access through the end of the period you have paid for. For Plans with a billing cycle of 12 months or longer, Vosy will send a renewal reminder to the account email between 15 and 45 days before the renewal date. Where the law of your state requires a specific form or timing of renewal notice as a condition of automatic renewal, renewal is conditioned on Vosy providing notice consistent with that law, and this Section is deemed modified to the minimum extent necessary to comply.
All fees are non-refundable and non-creditable, including for partial periods, unused minutes, downgrades, or termination of your account for cause, except where a refund is required by applicable law or expressly stated otherwise by Vosy in writing.
Vosy may change pricing upon notice (which may be given by posting to the Pricing Page and/or emailing the account owner); changes take effect at your next renewal. Fees are exclusive of taxes; you are responsible for all applicable sales, use, and similar taxes, excluding taxes on Vosy's net income. Late amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you are responsible for reasonable costs of collection. Vosy may suspend the Service for any account with amounts past due.
If you initiate a chargeback or payment dispute that Vosy reasonably determines to be without merit, Vosy may suspend or terminate your account and recover the disputed amounts plus reasonable processing and administrative costs.
The Free Plan is provided as an evaluation courtesy, subject to hard usage caps stated on the Pricing Page, and may be modified, limited, suspended, or discontinued at any time without notice or liability. Features identified as beta, preview, early access, or similar ("Beta Features") are provided for evaluation, may be modified or discontinued at any time, and may contain defects. THE FREE PLAN AND ALL BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES, SUPPORT COMMITMENTS, OR AVAILABILITY COMMITMENTS OF ANY KIND, AND VOSY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE FREE PLAN OR ANY BETA FEATURE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
The Service allows you to search for and claim telephone numbers made available through Vosy's telephony providers. Vosy-provisioned numbers are licensed to you for use with the Service only; you acquire no ownership interest in any number. Numbers may be reclaimed upon non-payment, violation of these Terms, carrier or regulatory requirement, or termination of your account. You are responsible for all registration, verification, and traffic-compliance requirements applicable to your use of numbers, including A2P/10DLC-style registrations, STIR/SHAKEN and caller-ID accuracy requirements, and any carrier vetting, and you will promptly provide information Vosy or its carriers reasonably request for these purposes. Number portability upon account closure is not guaranteed.
If you connect your own carrier or SIP provider (for example, Twilio, SignalWire, Bandwidth, Plivo, Vonage, or a custom SIP trunk), you are solely responsible for that provider relationship, including its terms, fees, uptime, call quality, geographic coverage, and regulatory compliance. Vosy has no responsibility or liability for BYOC providers, and Service issues attributable to a BYOC provider are excluded from any support or performance commitment.
THE SERVICE DOES NOT SUPPORT AND MUST NOT BE USED FOR EMERGENCY CALLS OR EMERGENCY SERVICES OF ANY KIND, INCLUDING 911, E911, OR ANY EQUIVALENT. You will not configure Agents to place, receive, route, or handle emergency communications, and you will not represent to any person that an Agent or Vosy number can be used to reach emergency services. You are solely responsible for maintaining independent emergency calling capability. This Section applies to text messaging exactly as it applies to calls: the Service must not be used to send or receive emergency communications by SMS or MMS.
If your Plan includes messaging, the Service can send and receive SMS and MMS messages ("Messages"). As between you and Vosy, you are the sender and initiator of every Message sent from your account, including Messages sent automatically by campaigns, automations, or triggers you configure. You determine the recipients, content, and frequency of your Messages. Section 11 (Call Compliance — Your Sole Responsibility) applies to your messaging programs exactly as it applies to your calling programs, and references there to calls, campaigns, and communications include Messages.
You are solely responsible for: (a) obtaining and documenting the consent required for each Message, including prior express written consent where the Message is marketing or advertising; (b) providing every disclosure required of a message sender by applicable law and by the CTIA Messaging Principles and Best Practices and carrier program requirements — including identifying the sending business, disclosing that message frequency varies and depends on your program, disclosing that message and data rates may apply, and stating how a recipient obtains help and opts out; (c) completing A2P/10DLC brand and campaign registration and any other carrier vetting under Section 7.1, and keeping your registered use case consistent with the Messages you actually send; and (d) honoring every opt-out you receive by any channel, including opt-outs received by voice, email, web form, or in your own systems. Vosy does not review, approve, or certify your message content, programs, or registrations.
Opt-out and help handling. The Service maintains an opt-out register for each organization. Where a Message is sent from a number that supports inbound replies, a reply of STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, or REVOKE is recorded against your organization and the Service will refuse further Messages from your organization to that number; a reply of START, YES, UNSTOP, or OPTIN restores messaging; and a reply of HELP or INFO returns help text without changing opt-out status. Vosy transmits these confirmation and help replies automatically on your behalf because carriers require them, including where your Plan does not otherwise include messaging. Suppression is scoped to your organization: it does not opt the recipient out of Messages sent by any other Vosy customer, it does not supersede any suppression applied by a carrier, and it is not a substitute for your own internal do-not-contact list. You will not circumvent, disable, or work around the opt-out register, including by messaging a suppressed number from a different number or account, by re-importing or re-consenting a suppressed number without a new, documented opt-in, or by rotating numbers to evade filtering; circumvention is a material breach of these Terms.
Delivery is not guaranteed. Message delivery depends on carriers and other third parties. Vosy does not warrant that any Message will be delivered, delivered on time, delivered to the intended handset, or delivered unaltered, and carriers may filter, block, delay, label, throttle, or refuse traffic — including unregistered, non-compliant, or high-complaint traffic — without notice to you or to Vosy. Some sending paths have no inbound reply leg; a Message sent by such a path cannot receive a STOP reply through the Service, opt-outs for that path are handled by the underlying provider, and you remain responsible for honoring them. Vosy may suspend or restrict messaging under Section 16, and may throttle or block traffic that Vosy reasonably believes is non-compliant or that threatens Vosy's or its providers' carrier relationships.
If your Plan permits and you supply your own API keys for third-party LLM, speech-to-text, or text-to-speech providers, you are solely responsible for those provider accounts, their fees, their terms of service, their usage policies, and the security of your keys. Vosy will use your keys only to provide the Service to you. Vosy is not responsible for the performance, output, availability, pricing, or policies of any provider accessed through your keys, and Service degradation attributable to your providers is excluded from any commitment by Vosy.
As between the parties, you own Customer Content. You grant Vosy a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, transcribe, analyze, display, and otherwise use Customer Content solely as necessary to (a) provide, secure, support, and maintain the Service; (b) prevent or address fraud, abuse, security, or technical issues; (c) comply with law or legal process; and (d) as otherwise instructed by you. This license survives termination only to the extent needed for clauses (b) and (c) and for legally required retention.
Vosy does not use Customer Content, call recordings, transcriptions, or Output to train, fine-tune, or improve any artificial-intelligence or machine-learning models, whether Vosy's or any third party's. Vosy contractually restricts its AI subprocessors from using data submitted through the Service for model training.
Vosy may generate and use data about the operation and use of the Service (such as latency, call-completion, feature-usage, and error statistics) in aggregated or de-identified form that does not identify you, any Authorized User, or any Call Recipient, for purposes including operating, securing, benchmarking, and improving the Service (excluding model training on Customer Content as stated above), and Vosy owns such aggregated and de-identified data.
You represent and warrant that you have all rights, consents, and legal bases necessary to submit Customer Content to the Service and to have it processed as described in these Terms and the Privacy Policy, including with respect to contact lists, phone numbers, and any personal information of Call Recipients. Vosy has no obligation to monitor Customer Content but may remove or disable content it reasonably believes violates these Terms or law.
You may export available Customer Content using the Service's then-current export functionality during your subscription term. Call recordings (audio) are automatically and permanently deleted 30 days after creation on a Service-wide basis. Transcripts, call records, and other Customer Content are retained for the life of your account unless deleted earlier upon your written request to contact@vosy.ai. Following termination or closure of your account, Vosy will delete or de-identify Customer Content within 90 days, except for backup copies deleted in the ordinary course and records Vosy must retain for legal, security, or billing purposes.
You will use the Service only for lawful business purposes and in compliance with all applicable laws and with the Vosy Acceptable Use Policy published at vosy.ai/aup (the "AUP"), which is incorporated into these Terms and may be updated as described therein; a violation of the AUP is a material breach of these Terms. Without limiting the foregoing or the AUP, you will not use, and will not permit any person to use, the Service to:
Vosy may (but has no duty to) investigate suspected violations and may suspend or terminate the Service, remove content, reclaim numbers, and cooperate with carriers, regulators, and law enforcement. Vosy may impose reasonable technical guardrails (including DNC controls and rate limits) and your circumvention of them is a material breach.
You acknowledge that AI-generated voice calls are treated as "artificial or prerecorded voice" calls under the TCPA per the Federal Communications Commission's 2024 declaratory ruling, and that outbound calls made through the Service are therefore subject to prior-express-consent (and, for telemarketing, prior-express-written-consent) requirements, identification and opt-out requirements, calling-time restrictions, and Do-Not-Call obligations. As between you and Vosy, you are solely responsible for all legal compliance relating to the calls, campaigns, and communications you conduct through the Service, including: (a) obtaining, documenting, and honoring all required consents from Call Recipients (including consent to be called, consent to automated/AI/prerecorded voice, and consent to recording under one-party and all-party consent laws); (b) providing all required disclosures, including AI/bot disclosures and caller identification; (c) scrubbing against the National Do-Not-Call Registry, state DNC lists, and your internal DNC list, and honoring opt-outs; (d) complying with calling-time, frequency, and abandonment restrictions under federal law and the law of every state into which you call, including state mini-TCPA statutes; (e) obtaining any state telemarketer or seller registration, licensure, or bonding required for your campaigns; (f) all industry-specific laws applicable to your business (including FDCPA, FCRA, GLBA, insurance, legal, and real-estate regulations); and (g) maintaining records evidencing compliance. Vosy provides tools (such as DNC management) as a convenience only; provision of tools is not legal advice, does not shift responsibility to Vosy, and is not a representation or certification that your use is compliant. You will consult your own counsel regarding your calling programs. You will not state or imply, publicly or to any Call Recipient, regulator, or third party, that Vosy approved, reviewed, certified, or vouched for the legality or compliance of any campaign, script, or use case, without Vosy's prior written permission.
Vosy provides software tools only; you determine whether, when, how, and to whom those tools are used. You — not Vosy — initiate, make, and place all communications through the Service. Vosy does not determine the recipients, timing, frequency, purpose, content, or legality of any call or campaign; does not draft, approve, or supervise your scripts, prompts, or Agent configurations; does not obtain, evaluate, or verify consent; and does not direct or control your campaigns. Vosy is not a "seller," "telemarketer," "advertiser," "caller," "sender," or "initiator" of your communications within the meaning of the TCPA, the TSR, or any state telemarketing law, and does not act as your agent.
The Service uses large language models and other machine-learning systems that are probabilistic. Output may be inaccurate, incomplete, offensive, or misleading; Agents may misunderstand callers, deviate from instructions, make statements you did not authorize, or fail to complete tasks. You are responsible for supervising Agents, reviewing Output before relying on it, and ensuring that statements made by your Agents are accurate and lawful. Output is not professional advice of any kind. As between you and Vosy, statements made by your Agents to Call Recipients are your statements, and you assume all risk arising from your use of, or reliance on, Output.
Vosy's collection and use of personal information in connection with the Service is described in the Vosy Privacy Policy, which is incorporated into these Terms. With respect to personal information of Call Recipients contained in Customer Content, you are the business/controller and Vosy acts as your service provider/processor, processing such information only to provide the Service under these Terms. You are solely responsible for providing all privacy notices to, and obtaining all consents from, Call Recipients. Any dispute arising out of or relating to the Privacy Policy or Vosy's data practices is subject to Sections 22 and 23 of these Terms.
Vosy and its licensors own all right, title, and interest in and to the Service, the Documentation, Vosy's software, models, prompts, voices (other than Customer-supplied voices), interfaces, designs, trademarks, and all improvements and derivatives, and all intellectual-property rights therein. No rights are granted except as expressly stated in these Terms. If you provide suggestions, ideas, feature requests, or other feedback, you grant Vosy a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction, compensation, or obligation; this license applies to the feedback itself and does not transfer ownership of your Customer Content or confidential information. If you believe content available through the Service infringes your copyright or other intellectual-property rights, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to Vosy LLC, Attn: Copyright Agent, 885 Tahoe Blvd STE C7, Incline Village, NV 89451, or contact@vosy.ai; Vosy may remove allegedly infringing material and may terminate the accounts of repeat infringers.
The Service interoperates with third-party services, including telephony carriers, LLM providers, speech engines, and hosting providers, and with any third-party services you connect (including BYOC and BYOK providers and webhook destinations). Third-party services are governed by their own terms, and Vosy makes no warranty and assumes no liability for them. Vosy may substitute or discontinue third-party providers at any time.
Vosy may suspend or restrict your access to all or part of the Service immediately and without prior notice if Vosy reasonably believes that: (a) your use violates Section 10 or 11 or otherwise poses legal, regulatory, security, or reputational risk to Vosy, its providers, or any person; (b) your account is past due; (c) suspension is required by a carrier, provider, regulator, or law; (d) your usage threatens the integrity, security, or availability of the Service; or (e) suspension is reasonably necessary to protect other customers, Call Recipients, Vosy's telecom, cloud, or AI providers or its relationships with them, or to prevent excessive complaint rates, spam-labeling, call-blocking, traceback findings, or exposure of Vosy or its providers to litigation, investigation, or penalties. Vosy will use reasonable efforts to notify you of a suspension, except where prior or contemporaneous notice could increase the risk being addressed. Suspension does not relieve your payment obligations, and Vosy is not liable for any suspension made in accordance with this Section.
These Terms apply from your first acceptance or use of the Service and continue until your account is terminated. You may terminate by cancelling your Plan and closing your account. Vosy may terminate these Terms or your account (a) for material breach that is not cured within 10 days of notice (or immediately for breach of Sections 3, 10, or 11 or non-payment); (b) immediately if required by law, a carrier, or a provider; or (c) for convenience upon 30 days' notice, in which case Vosy will refund the prorated unused portion of prepaid fees for the terminated period as your exclusive remedy. Upon termination: your license ends; you must cease all use; and numbers may be reclaimed. The following survive any termination: accrued payment obligations (Section 5); Section 6 (free/beta limitations); Section 9.3 (aggregated data); Sections 10 and 11 with respect to use during the term, including Vosy's enforcement rights for violations; Section 12 (AI outputs); Section 14 (intellectual property; feedback); Section 18 (disclaimers); Section 19 (limitation of liability); Section 20 (indemnification); Section 22 (dispute resolution, including arbitration, the class action waiver, and the mass-arbitration protocol); Section 23 (governing law; claims period); and any other provision that by its nature should survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ALL OUTPUT, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. VOSY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. VOSY DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS ANY COMMITMENT, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT CALLS WILL CONNECT, COMPLETE, OR BE OF ANY PARTICULAR QUALITY OR LATENCY; THAT OUTPUT WILL BE ACCURATE OR RELIABLE; OR THAT DEFECTS WILL BE CORRECTED. NO SERVICE-LEVEL, UPTIME, OR AVAILABILITY COMMITMENT OF ANY KIND APPLIES UNLESS EXPRESSLY SET FORTH IN A SIGNED ENTERPRISE AGREEMENT. NO ADVICE OR INFORMATION OBTAINED FROM VOSY OR THE SERVICE CREATES ANY WARRANTY. VOSY IS NOT A LAW FIRM AND PROVIDES NO LEGAL OR COMPLIANCE ADVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL VOSY OR ITS SUPPLIERS, LICENSORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY; (B) VOSY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO VOSY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY (OR US $100 IF NO SUCH AMOUNTS WERE PAID); AND (C) VOSY HAS NO LIABILITY ARISING FROM (i) YOUR CALLS, CAMPAIGNS, CUSTOMER CONTENT, OR VIOLATIONS OF LAW, (ii) OUTPUT OR YOUR RELIANCE ON IT, (iii) THIRD-PARTY SERVICES, BYOC OR BYOK PROVIDERS, OR CARRIERS, OR (iv) UNAUTHORIZED ACCESS RESULTING FROM YOUR CREDENTIALS OR CONFIGURATIONS. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED.
You will defend, indemnify, and hold harmless Vosy and its members, managers, officers, employees, agents, suppliers, and carriers from and against any and all claims, demands, investigations, proceedings, damages, statutory damages, fines, penalties, settlements, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your calls, campaigns, and communications conducted through the Service, including any actual or alleged violation of the TCPA, TSR, Truth in Caller ID Act, DNC laws, state mini-TCPA or telephone-solicitation statutes, call-recording or wiretap laws, AI/bot-disclosure laws, biometric privacy laws (including BIPA), consumer-health-data laws, state privacy laws, FDCPA, FCRA, or any other law; (b) Customer Content, including claims that it infringes or misappropriates any right or was collected or used without required consent; (c) your breach of these Terms or your representations; (d) your products, services, and dealings with Call Recipients; and (e) your BYOC or BYOK providers. Vosy may participate in the defense with counsel of its choosing, and you will not settle any claim in a manner that imposes obligations or admissions on Vosy without Vosy's prior written consent.
The Service is offered solely to customers located in the United States and is intended for U.S. calling use cases. You will not use the Service from, or direct campaigns into, jurisdictions where such use would be unlawful, and you will comply with all applicable U.S. export-control and economic-sanctions laws, including the Export Administration Regulations and sanctions and embargoes administered by OFAC. You represent that you are not located in an embargoed country and are not on any U.S. government restricted-party list, and you will not permit access to the Service by any person or entity on such a list.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVES CLASS ACTIONS AND JURY TRIALS.
Before initiating arbitration or litigation, the party asserting a dispute must send the other party a written notice describing the dispute and the relief sought (to Vosy: contact@vosy.ai and the notice address in Section 24). The parties will attempt in good faith to resolve the dispute for at least 60 days after the notice, including by at least one telephone or video conference if requested. Completion of this process is a condition precedent to arbitration or suit, and any statute of limitations is tolled during the process.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, for claims within its scope, its Streamlined Rules), before a single arbitrator. The Federal Arbitration Act governs this Section. The seat of arbitration is Placer County, California; hearings may be conducted by videoconference at either party's request for claims under US $25,000. The arbitrator has exclusive authority to resolve all disputes, including arbitrability, except that a court will decide the enforceability of the Class Action Waiver and the Mass Arbitration provisions. If applicable law is held to preclude arbitration of a claim for public injunctive relief, any such claim (and only that claim) is severed to a court under Section 23 and stayed pending arbitration of all other claims. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees except as awarded under applicable law or these Terms, and fees and costs of the arbitration are allocated per JAMS rules.
ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. If the class waiver is held unenforceable as to a particular claim, that claim (and only that claim) must proceed in court under Section 23, and the remainder stays in arbitration.
If 25 or more demands for arbitration raising similar claims are filed against Vosy by or with the assistance of coordinated counsel, the parties agree that the demands will be administered in staged batches of up to 25, with an initial bellwether stage of up to 10 arbitrations selected equally by each side, followed by a mandatory global mediation of remaining demands before further batches proceed. Filing fees for demands beyond the active batch are deferred until the demand proceeds. A court, not the arbitrator, decides disputes about this protocol.
Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court to protect intellectual property, confidential information, or the security of the Service. You may opt out of this arbitration agreement by emailing contact@vosy.ai within 30 days of first accepting these Terms, with your name, company, account email, and a clear statement that you opt out of arbitration; opting out does not affect any other provision, including the class action waiver to the extent enforceable and the venue provisions of Section 23.
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Nevada, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 22. The Uniform Computer Information Transactions Act (UCITA), however adopted, and the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms. If a mandatory law of your state applies to you notwithstanding the parties' choice of law, these Terms apply to the fullest extent that law permits. For any dispute not subject to arbitration, the state courts located in Placer County, California, and the United States District Court for the Eastern District of California, will have exclusive jurisdiction, and each party irrevocably consents to personal jurisdiction and venue there and waives objections of inconvenient forum. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues, or it is permanently barred; this Section does not shorten any period that applicable law does not permit to be shortened.
Vosy may provide notices to you electronically via the email address on your account, in-product or dashboard notifications, or posting to vosy.ai, and notices are effective when sent or posted. You will send legal notices to Vosy in writing to: Vosy LLC, Attn: Legal, 885 Tahoe Blvd STE C7, Incline Village, NV 89451, with a copy by email to contact@vosy.ai; your notices are effective upon receipt.
Vosy may update these Terms from time to time. Material changes will be notified by email, in-product notice, or posting an updated version with a revised "Last Updated" date, and take effect upon the earlier of your continued use after notice or the start of your next renewal term. If you do not agree to updated Terms, your exclusive remedy is to cancel and stop using the Service.
You may not assign these Terms without Vosy's prior written consent; Vosy may assign them without consent in connection with a merger, acquisition, recapitalization, corporate restructuring or reorganization, or sale of assets or equity, or to an affiliate. There are no third-party beneficiaries except the indemnified and released parties identified in these Terms. Vosy is not liable for delay or failure caused by events beyond its reasonable control, including outages, failures, or changes of third-party AI, speech, cloud, DNS, or telephony providers, DDoS or other attacks, telecom filtering or blocking, carrier or provider outages, internet failures, acts of God, epidemics or pandemics, labor disputes, governmental action, or utility failures. The parties are independent contractors. A waiver must be in writing, and failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Section headings are for convenience only. These Terms, the Pricing Page, the Privacy Policy, and any policies referenced herein are the entire agreement regarding the Service; in a conflict, an executed Enterprise Agreement controls first, then these Terms, then referenced policies.