Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you") and Voicerely ("Voicerely," "we," "us") governing your access to and use of the Voicerely AI voice agent platform, including our website, dashboard, APIs, and telephony features (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

2. Description of the Service

Voicerely provides AI-powered voice agents that can answer inbound calls and place outbound calls on your behalf, using third-party telephony carriage (e.g., Twilio) and conversational voice AI processing (e.g., Retell AI) that Voicerely integrates and manages for you. You configure how your Agent behaves, what phone numbers it uses, and what data it captures.

3. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must provide accurate registration information, including your business's country, which determines the data-residency region applied to your account (see Section 8 and our Privacy Policy).

4. Your responsibilities for calling compliance

This is the most important section of these Terms for anyone using Voicerely to place or receive calls. You are solely responsible for ensuring your use of the Service — including every call your Agent places or answers — complies with all applicable law in the jurisdiction(s) where your callers are located. This includes, without limitation:

4.1 United States

• Telephone Consumer Protection Act (TCPA) and related FCC rules governing autodialed and AI-generated/"artificial voice" calls, including requirements for prior express (written) consent before certain outbound calls or texts, and rules specific to AI-generated voice calls.
• National and state Do Not Call registries — you must screen outbound call lists against the applicable Do Not Call registry and honor do-not-call requests.
• State call recording / two-party consent laws where recording is enabled.
• Permitted calling hours and required identification/disclosure rules that apply to your industry and call type.

4.2 Australia

• Do Not Call Register Act 2006 — you must not make, or must not permit your Agent to make, telemarketing calls to numbers listed on the Do Not Call Register, subject to the exemptions that Act provides.
• Telecommunications (Interception and Access) Act 1979 (Cth) and state-based surveillance/listening device laws governing call recording and consent.
• Australian Consumer Law prohibitions on misleading or deceptive conduct, which extend to AI-generated voice communications.

4.3 General obligations

• You will maintain and promptly action opt-out/do-not-call requests received by your Agent.
• You will not use the Service to place calls for the purpose of fraud, impersonation, harassment, debt collection abuse, robocall spam, or any unlawful purpose.
• You will ensure any script, prompt, or disclosure your Agent is configured to deliver is accurate and not misleading to callers.
• Where recording is enabled, you are responsible for any caller notification or consent required under Section 6 of our Privacy Policy.

Voicerely may suspend or terminate your account immediately, without refund, if we reasonably believe your use of the Service violates this Section 4 or creates material legal or regulatory risk for Voicerely, our carriers, or other users.

5. Acceptable use

In addition to Section 4, you agree not to use the Service to: violate any law; infringe another party's rights; transmit malware or interfere with the Service's operation; attempt to reverse-engineer the underlying AI models; resell the Service without our written consent; or use the Service to build a directly competing product.

6. Fees and billing

Fees for the Service are as set out on our pricing page or in your order form, and are billed in advance on a monthly or annual basis unless stated otherwise. Usage-based charges (e.g., per-minute call costs) are billed in arrears based on recorded usage. Fees are non-refundable except as required by law or as expressly stated in these Terms. We may change our fees with at least 30 days' notice before your next billing cycle.

7. Third-party services

The Service relies on third-party telephony and AI infrastructure providers (including Twilio and Retell AI) to function. Your use of the Service is also subject to the acceptable-use requirements those providers impose on calls carried over their networks. Voicerely is not liable for outages, errors, or limitations originating from a third-party provider's infrastructure, though we will work to restore service promptly.

8. Data ownership and residency

As between you and Voicerely, you retain ownership of your call data, transcripts, and configuration content ("Customer Data"). You grant Voicerely a license to process Customer Data solely to provide, maintain, and improve the Service as described in our Privacy Policy. Customer Data for accounts registered in the United States is stored in US-region infrastructure; Customer Data for accounts registered in Australia is stored in Australia-region infrastructure, consistent with Section 3 of our Privacy Policy. On termination, you may export your Customer Data for 30 days before it is deleted in line with our data retention practices.

9. Intellectual property

Voicerely and its licensors retain all right, title, and interest in the Service, including the underlying software, models, and branding. These Terms do not grant you any rights to Voicerely's intellectual property except the limited right to use the Service as permitted here.

10. Confidentiality

Each party will protect the other's confidential information with the same degree of care it uses for its own confidential information of similar importance, and not less than reasonable care, and will use it only to perform under these Terms.

11. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Voicerely disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI-generated call responses will be error-free, or that the Service will be uninterrupted. Nothing in this Section 11 excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.

12. Limitation of liability

To the maximum extent permitted by law, Voicerely's total liability arising out of or related to these Terms will not exceed the amount you paid Voicerely in the 3 months preceding the claim. Voicerely will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. This limitation does not apply to your indemnification obligations under Section 13, or to liability that cannot be limited under applicable law (including certain non-excludable guarantees under the Australian Consumer Law).

13. Indemnification

You agree to indemnify and hold Voicerely harmless from any claim, penalty, fine, or liability (including reasonable legal fees) arising from: (a) your calling activity's non-compliance with applicable law, including TCPA, Do Not Call, or call-recording consent requirements described in Section 4; (b) your violation of these Terms; or (c) content or scripts you configure your Agent to deliver.

14. Term and termination

These Terms remain in effect while you have an active account. Either party may terminate for convenience with notice as set out in your order form, or immediately if the other party materially breaches these Terms and does not cure within 14 days of notice. Voicerely may suspend the Service immediately, without notice, where necessary to prevent harm, comply with law, or address a violation of Section 4 or 5.

15. Governing law and disputes

For Customers based in the United States, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, and disputes will be resolved in the state or federal courts located in Delaware. For Customers based in Australia, these Terms are governed by the laws of New South Wales, Australia, and disputes will be resolved in the courts of New South Wales, without limiting any right you have under the Australian Consumer Law to bring a claim in another forum.

16. Changes to these Terms

We may update these Terms from time to time. We will notify active Customers of material changes by email at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

17. Contact us

Questions about these Terms: hello@voicerely.com