Terms of Service

Your Obligations

• ●Disclose AI Use: You must inform callers at the start of each call that they are speaking with an AI assistant
• ●Provide Human Option: Where feasible, offer callers the option to speak with a human representative
• ●No Deception: You must not use the Services to deceive callers about the nature of the AI system
• ●Configure Disclosures: Use our provided disclosure scripts or configure appropriate alternatives

Your Consent Obligations

• ●Two-Party Consent States: In California, Florida, Illinois, and other two-party consent states, you must obtain explicit consent from ALL call participants before recording
• ●Pre-Call Disclosure: Configure appropriate pre-call announcements notifying callers that calls may be recorded
• ●Opt-Out Mechanisms: Honor requests from callers who do not wish to be recorded
• ●Record Keeping: Maintain records of consent for each recorded call

TCPA Compliance

• ●Prior Express Consent: Obtain written consent before making AI-generated outbound calls for marketing
• ●Do Not Call: Maintain and respect Do Not Call lists
• ●Opt-Out Processing: Process opt-out requests within 10 business days
• ●Calling Hours: Restrict calls to permitted hours (8am-9pm local time)

What we send

• Account verification (2FA): a one-time code to confirm you own a mobile number before any calls are forwarded to it.
• Re-verification: a repeat code if your number is later re-assigned to a team, which clears the previous verification.

These messages are transactional and account-related. We do not send marketing or promotional text messages on this program.

Opt in, help, and opt out

• Opt in from the AiVoiceBay app: agree to the consent disclosure shown when your mobile number is added, then enter the code we text you.
• Message frequency: typically one or two messages, ever. One code when your number is added, plus another if you request a new code or your number is re-assigned.
• Reply HELP for help, STOP at any time to stop messages, and START to opt back in.
• Message and data rates may apply.

Your mobile information

We do not sell or share mobile phone numbers or SMS opt-in/consent information with any third parties or affiliates for their marketing or promotional purposes.

Prohibited Activities

• ●Illegal Activities: Any activity that violates federal, state, or local laws
• ●Spam/Telemarketing: Unsolicited bulk calling or messaging without proper consent
• ●Harassment: Threatening, abusive, or harassing communications
• ●Fraud: Impersonation, phishing, or deceptive practices
• ●Robocalling Violations: AI calls without required disclosures or consent
• ●Data Mining: Harvesting personal information without authorization
• ●Interference: Disrupting or attempting to breach our systems
• ●Reselling: Reselling Services without written authorization
• ●Harmful Content: Transmitting malware, viruses, or illegal content
• ●Biometric Collection: Creating voiceprints or biometric identifiers without proper consent

Account Security

• ●Maintain confidentiality of your account credentials
• ●Notify us immediately of any unauthorized access
• ●Use strong passwords and enable two-factor authentication when available
• ●You are responsible for all activities under your account

Legal Compliance

• ●Comply with all applicable telecommunications regulations
• ●Maintain your own privacy policy that covers your use of our Services
• ●Obtain and document all required consents from callers
• ●Comply with industry-specific regulations (HIPAA, PCI, etc.) as applicable

Content & Data

• ●You are responsible for all content uploaded to the platform (knowledge base, scripts, etc.)
• ●Ensure you have rights to process any data transmitted through our Services
• ●Regularly backup your important data; we are not a backup service
• ●Do not upload illegal, infringing, or harmful content

Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIVOICEBAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• ●Loss of profits, revenue, or business opportunities
• ●Loss of data or data corruption
• ●Business interruption or downtime costs
• ●Costs of substitute services
• ●Any damages arising from your failure to comply with these terms

Liability Cap

IN NO EVENT SHALL AIVOICEBAY'S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO AIVOICEBAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Exceptions

The limitations above do not apply to: (a) your indemnification obligations; (b) your violation of our intellectual property rights; (c) liability that cannot be excluded by law; or (d) gross negligence or willful misconduct.

Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless AiVoiceBay and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• ●Your failure to obtain proper consent for call recording
• ●Your failure to provide required AI disclosures to callers
• ●Your violation of TCPA, CCPA, GDPR, or other privacy/telecom regulations
• ●Claims by your end-users or callers related to your use of the Services
• ●Your violation of these Terms or any applicable laws
• ●Content you upload or transmit through our Services
• ●Your violation of any third-party rights

Our Indemnification

We will defend you against claims that our Services infringe a third party's intellectual property rights, provided you promptly notify us and cooperate in the defense.

AI Technology Limitations

• ●AI responses may not always be accurate, appropriate, or complete
• ●Voice recognition accuracy depends on audio quality and ambient noise
• ●AI may misunderstand accents, dialects, or industry-specific terminology
• ●The Services are not a substitute for professional advice (legal, medical, financial)

Service Availability

• ●We target 99.9% uptime but cannot guarantee uninterrupted service
• ●Planned maintenance will be communicated in advance when possible
• ●Third-party service dependencies may affect functionality
• ●Force majeure events (natural disasters, pandemics, etc.) may interrupt service

Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Subscription Plans

• ●Monthly or annual billing cycles available
• ●Subscriptions auto-renew unless cancelled before the next billing date
• ●Plan changes take effect at the next billing cycle
• ●Usage exceeding plan limits may incur additional charges
• ●Call Forwarding Fair-Use Policy: Call forwarding is provided free under a fair-use policy. Each plan includes generous forwarding capacity designed for normal business use. Sustained or automated usage materially exceeding the capacity intended for your plan tier may be subject to additional charges, throttling, or tier reclassification. We will contact you before taking any action if your usage appears to exceed fair-use limits, and you will have an opportunity to adjust usage or upgrade your plan.
• ●AI Minute Overage Policy: Each plan includes a fixed number of AI voice-agent minutes per month. Minutes used beyond that allotment are called overage minutes. The overage rate for each plan is $0.20 per minute on Starter, $0.15 per minute on Professional, and $0.12 per minute on Business. Enterprise overage rates are set in each Enterprise agreement. We do not currently charge for overage minutes. If we begin billing overage minutes, we will tell you in writing at least 30 days before any overage charge can apply, we will give you the choice to have AI voice-agent service pause at your monthly allotment instead of incurring overage, and we will not charge you for overage minutes used before that notice. You can see your current minute usage at any time on your Billing page, which also warns you on screen as you approach your allotment. Minutes from calls our system flags as spam or robocalls are not counted against your allotment and are not billable. We may also exclude other unusual usage from billable minutes when we decide, in good faith, that it does not reflect genuine use of your business line. We may suspend AI voice-agent service if usage appears to be abusive or to threaten the platform, other customers, or compliance with law; where practicable we will contact you before doing so.

Setup Period

New accounts receive a fourteen (14) day setup period beginning from the date of account creation. During the setup period: (a) no subscription charges will be billed to your payment method; (b) up to one hundred (100) minutes of AI voice agent call credits are provided at no additional charge; (c) all platform features are available for configuration and testing; and (d) minutes used beyond one hundred (100) during the setup period are treated as overage minutes under the AI Minute Overage Policy in Section 10.

At the conclusion of the fourteen (14) day setup period, billing for your selected subscription plan begins automatically. You may cancel your account at any time before the setup period ends to avoid subscription charges.

The setup period is available once per organization and cannot be extended, paused, transferred, or restarted. AiVoiceBay reserves the right to modify, suspend, or discontinue the setup period offer at any time without prior notice.

Payment Terms

• ●Payment is due at the start of each billing cycle
• ●Late payment may result in service suspension after a 7-day grace period
• ●All fees are non-refundable except as expressly stated
• ●You are responsible for all applicable taxes

Cancellation

• ●Cancel your subscription anytime through your account dashboard
• ●No refunds for partial billing periods; service continues until period ends
• ●You may export your data for 30 days after cancellation
• ●After 30 days, your data will be permanently deleted

Our Rights

• ●The AiVoiceBay platform, software, and documentation are our intellectual property
• ●AI models, algorithms, and training methodologies are proprietary
• ●Trademarks, logos, and brand names are protected
• ●We grant you a limited, non-exclusive, non-transferable license to use our Services

Your Rights

• ●You retain all rights to your content (knowledge base, scripts, recordings)
• ●You grant us a limited license to process your content to provide the Services
• ●We do not claim ownership of AI-generated responses created for you
• ●You may export your data at any time

Feedback

If you provide feedback or suggestions, we may use them without obligation to you. You grant us a perpetual, royalty-free license to incorporate feedback into our Services.

Termination by You

• ●Cancel your account at any time through the dashboard
• ●Download your data before cancellation
• ●Service continues until the end of current billing period

Termination by Us

• ●For Cause: Immediately, for material breach of these terms, illegal activity, or prohibited use
• ●For Non-Payment: After 7-day grace period following failed payment
• ●For Convenience: With 30 days written notice

Effect of Termination

• ●Access to Services will be suspended or terminated
• ●Unpaid fees remain due and payable
• ●Sections on IP, Liability, Indemnification, and Disputes survive termination
• ●We may retain data as required by law

Governing Law

These terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising from these terms or the Services shall be resolved as follows:

• ●Informal Resolution: Contact us first; we'll try to resolve the issue within 30 days
• ●Binding Arbitration: Disputes not resolved informally will be settled by binding arbitration in San Francisco, CA
• ●Class Action Waiver: You waive any right to participate in class actions or class arbitrations
• ●Small Claims Exception: Either party may bring claims in small claims court