Your access to and use of the websites and services provided by Voxual.ai Inc. (referred to as “Voxual,” “we,” or “our”) are subject to the following terms of service (the “Terms”). Before using the Services, please carefully read and understand these terms. By accessing or using the services, or by indicating your agreement through clicking a button or checking a box marked “I Agree” (or something similar), you acknowledge that you have read, comprehended, and agreed to abide by these terms. Additionally, you consent to the collection and use of your information as outlined in our privacy policy. It is important to note that these terms may be modified in accordance with the procedures outlined below. Regardless of whether you are a registered user of our services, these terms are applicable to you.
We urge you to thoroughly review these terms to ensure your understanding of each provision. These terms include a vital provision that mandates individual arbitration and waives the right to participate in class actions or jury trials for dispute resolution. This means that any disputes will be resolved through arbitration on an individual basis rather than through class actions or jury trials.
We utilize the contact information you provide to us for the purpose of communicating with you. Additionally, if you have expressed your preferences, we may use this information to send you relevant information or advertisements regarding our products or services. The device information we collect plays a role in enhancing and optimizing our website. It enables us to generate analytics that help us understand how our customers browse and interact with the site and allows us to evaluate the effectiveness of our marketing and advertising efforts.
Your utilization of the services must strictly adhere to these terms and align with all relevant local, state, national, and international laws, rules, and regulations. You may only access and use the services if you possess the legal authority and capacity to enter into a contractual agreement with Voxual. It is important to note that the services are strictly prohibited for anyone under the age of eighteen (18) and such usage would violate these Terms. Furthermore, individuals who have been previously barred or prohibited by Voxual from accessing the Services are not permitted to use them.
In accordance with the terms and conditions outlined in these terms, you are granted a non-exclusive, limited, non-transferable license that can be revoked at any time to utilize the services, as permitted by their features. It is important to note that Voxual retains all rights to the services and the Voxual content that are not expressly granted herein. Voxual reserves the right to terminate this license at any time, for any reason or no reason at all.
By agreeing to these terms, you commit to refraining from participating in any of the prohibited activities listed below:
Please be aware that engaging in any of these prohibited activities may result in the termination of your access to the Services.
You are required to consistently adhere to various laws and regulations related to calling or texting, including but not limited to the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act, and the Do-Not-Call list registry rules found at http://www.donotcall.gov. Additionally, you must comply with the Telemarketing Sales Rule (47 C.F.R. § 64.1200 et seq) and other applicable state or local laws, rules, regulations, and guidelines. These regulations are collectively referred to as the “Calling Laws.” It is your responsibility, not Voxual’s, to initiate and send any calls, SMS/MMS messages, emails, or other communications through the Service. You are also responsible for the content of these communications and any inducement or encouragement they may contain. You warrant and agree that you possess all the necessary consents and permissions required to transmit calls or other communications to recipients. It is prohibited to send communications to recipients who have opted out, withdrawn consent, or for whom you lack the necessary consent and permissions to communicate through the Services.
In the event that Voxual provides you with a phone number as a component of the services, it is essential that you maintain active usage of that number. Should the provided phone number remain unused or significantly underused for a period of thirty (30) days, or if your subscription to the services is suspended, terminated, or cancelled, Voxual reserves the right to deactivate the phone numbers assigned to you.
While there may be other provisions in these terms, it is crucial to emphasize that you bear full responsibility for adhering to telephone recording and wiretapping laws when accessing and utilizing the services. These laws typically mandate that notification of recording be provided at the start of any recording and afford the other party the opportunity to provide consent or terminate the conversation. It is your responsibility to ensure that proper consent for recording is obtained before initiating any such recording.
By creating an account on the services, you gain access to the services and features that we may establish and maintain at our sole discretion, periodically and as deemed necessary. If you create a user account on behalf of an organization or utilize the services for organizational purposes, you are agreeing to these terms on behalf of that organization. By doing so, you affirm that you possess the authority to legally bind the organization to these terms. In such cases, references to “you” and “your” will pertain to the organization. When you connect to the services using a third-party service, you grant us permission to access and utilize the information associated with that service, as permitted by the terms of that service. Furthermore, you allow us to store your login credentials for that particular third-party service.
Using another user’s account without permission from Voxual is strictly prohibited. It is essential that when creating your user account, you provide accurate and complete information and ensure that it remains up to date. You hold sole responsibility for any activity taking place on your user account, and it is crucial to keep your account password secure. We highly recommend using strong passwords, which consist of a combination of upper and lower-case letters, numbers, and symbols. In the event of a security breach or unauthorized use of your user account, you must promptly notify Voxual. Please note that Voxual cannot be held liable for any losses incurred due to unauthorized use of your user account.
As we continuously improve and enhance the services, you can expect ongoing changes to features and functionality. We reserve the right to terminate, suspend, or modify the services, either in whole or in part, including specific features, at any time and without prior notice. Such modifications may apply to all users or be specific to your individual usage. Additionally, we hold the discretion to delete any content or data from the services as deemed necessary. In the event of termination, whether with or without cause, you remain obligated to adhere to these terms.
In order to utilize our services, you are required to utilize the various features and functionalities available, including linking your account on the services to your account on certain third-party platforms like Salesforce. This enables the importation of specific necessary data about you, your customers, and other third parties (such as lead views, contact views, reports, leads, contacts, and organization information) into Voxual’s services. This data that is imported is collectively referred to as “imported data.”
Furthermore, certain areas of the services may allow you to submit, post, display, provide, or make available your own content or information. This content or information is referred to as “Your Content.” It’s important to note that you retain complete ownership of your data, and we make no claim of ownership over any part of it. However, by importing, providing, or making available any of your data through the services, you expressly grant Voxual a worldwide, non-exclusive, transferable, sublicensable, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, list, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works of your data. This license is granted for the sole purpose of providing the services and for the limited purposes outlined in our privacy policy. You confirm that you possess all necessary rights to grant such a license to Voxual.
By importing, providing, or making available your data on the services or through any associated tools or applications, you affirm and guarantee the following:
Ownership and Control: You own or have sufficient control over all rights related to your data. You possess the authority to grant the rights and licenses as outlined in these terms. If you are not the rightful holder of these rights, you confirm that the rightful holder has fully and effectively waived all such rights and has irrevocably granted you permission to grant the licenses without the need for any form of payment to you or any other person or entity.
Obtaining of Your Data Lawfully: You represent and warrant that you have lawfully obtained your data, and your use of your data through the services does not and will not violate any applicable laws.
Compliance with Terms: your data does not (a) contain false or misleading information, (b) infringe upon the intellectual property, privacy, publicity, statutory, contractual, or any other rights of any third party, (c) include any content that is libelous, defamatory, obscene, offensive, threatening, harassing, or hateful, or (d) contain computer viruses, worms, or any other harmful files.
Upon request by Voxual, you agree to provide any necessary documentation, substantiation, or releases to verify your compliance with these terms. You bear sole responsibility for your data, and you hereby agree to indemnify and hold Voxual, its employees, agents, affiliates, assigns, and licensees harmless from any damages, claims, expenses, costs, or fees arising from or related to a breach of the aforementioned representations or your violation of any laws or rights of a third party.
While using the services, you bear complete responsibility for your behavior, the content of your data, and your interactions with others. It is crucial to ensure that you possess all necessary rights and permissions to comply with these terms. You must take care to avoid infringing upon or violating the rights of others, including but not limited to Intellectual Property Rights and privacy rights.
You understand and accept that Voxual is not obligated to actively monitor any information on the services. As a result, we are not held responsible for the accuracy, completeness, appropriateness, safety, or legality of your data or any other information or content that you may access through the services.
With few exceptions outlined in our privacy policy, your data is kept private and visible only to you, unless you decide otherwise. However, the Services offer the option to share your data with others. It is important to note that we cannot be held accountable for how those other users handle your data. Therefore, it is essential to carefully consider what you choose to share and with whom you share it. For detailed information regarding how we handle your data and collect and use other information related to you, please refer to our privacy policy.
In these terms, intellectual property rights refer to a wide range of rights including patents, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress, service mark rights, goodwill, trade secret rights, and other intellectual property rights. These rights encompass existing rights as well as any rights that may emerge in the future. They are protected by the laws of various states, countries, territories, and jurisdictions.
The services and all materials within them, excluding your data, belong solely to Voxual and its licensors. These materials encompass software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content or data contributed by other users, also referred to as “Voxual Content”. Voxual and its licensors hold all exclusive rights, including Intellectual Property Rights, related to these materials.
Unless explicitly stated in these terms, no license or ownership rights are granted to you under these IP Rights. Therefore, you are prohibited from engaging in activities such as selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from any Voxual Content. Any use of the Voxual Content for purposes not expressly permitted by these terms is strictly prohibited.
You have the option to submit comments or ideas regarding the services, including suggestions for improving the services or our products. These comments or ideas are referred to as ideas. By submitting an idea, you acknowledge that your disclosure is voluntary, unsolicited, and unrestricted. It does not impose any fiduciary or other obligations on Voxual. Additionally, you agree that we have the freedom to utilize the idea without any additional compensation to you. We may also choose to disclose the idea on a non-confidential basis or to others. It is important to recognize that, by accepting your submission, Voxual does not waive any rights to use similar or related ideas that we were already aware of, developed internally, or obtained from sources other than you.
You have the freedom to discontinue your use of our services whenever you choose. Similarly, we retain the right to suspend or terminate the services provided to you, either in part or in full, at any time and without any obligation or liability. This may occur with or without a specific reason and with or without prior notice.
For instance, we may suspend or terminate your usage if you fail to comply with these terms, if your use of the services could potentially result in legal liability for us, disrupt the experience of other users, or harm our business or reputation. We may take these actions for any other valid reason as well. In the event of suspension or termination, we will try to inform you in advance and assist you in retrieving your data. However, there may be situations, such as repeatedly or blatantly violating these terms, a court order, or posing a danger to other users, where immediate suspension or termination is necessary.
Please note that if your access to the services is suspended or terminated, you may no longer have access to your data stored within the services.
Voxual takes reasonable measures, both physical and technological, to safeguard and maintain the security and integrity of your personal information. We also ensure the implementation of your privacy settings. However, it’s important to note that we cannot guarantee absolute protection against unauthorized access or misuse of your personal information by third parties. When providing your personal information, including your data, you assume the associated risks and are responsible for its protection, especially during data/information transmission to Voxual. We recommend using an encrypted connection for secure transmission. Voxual will not be held liable for any loss or corruption of your data nor for any expenses or costs incurred in backing up or restoring your data.
The services may include links to external websites, services, or resources that are operated by others. It’s important to note that we neither endorse nor take responsibility for the accuracy, availability, content, products, services, or any other aspect of these external entities. Your use of any third-party websites, services, or resources is solely your responsibility, and you understand that these terms and Voxual’s privacy policy do not govern your usage of such third-party platforms. In addition, if we provide you with any software under an open-source license, there may be certain provisions in those licenses that conflict with these terms. In such cases, the open-source provisions will apply specifically to the code to which those provisions relate.
It is important for you to acknowledge and agree to the following:
i) The services are not designed or intended to be used for emergency calls to emergency services, such as public safety answering points. Therefore, they should not be relied upon as a means to contact emergency services in critical situations.
ii). Voxual will not be held responsible or liable for any claims, damages, or losses arising from or related to your inability or the inability of any associated parties or third parties to use the services for making emergency calls. By accepting these terms, you waive any and all claims or causes of action in this regard.
You agree to protect, defend, and hold Voxual, as well as its officers, directors, owners, employees, agents, consultants, and vendors, harmless from any and all liabilities, losses, claims, damages, legal actions, costs, and expenses (including attorney’s fees) arising from the following:
(a) Your use of the services and your access to them, including any data or content transmitted or received by you.
(b) Your violation of any provision within these terms, including any breach of your representations, warranties, and obligations as stated in these Terms.
(c) Your infringement upon any third-party rights, including privacy rights or intellectual property rights.
(d) Your violation of any applicable laws, regulations, or rules.
(e) Your actions or omissions concerning call recordings, regardless of whether claims arise from contract, tort, statute, or any other legal theory. This includes your failure to adhere to laws related to telephone recording and wiretapping.
(f) Your data or any content submitted via your account.
(g) Any intentional misconduct on your part.
(h) The access and usage of the services by any other party who utilizes your unique username, password, or any other security code associated with your account.
While we strive to deliver an excellent service, it’s important to acknowledge that there are certain legal limitations we cannot exceed. Therefore, the services and software are provided to you “as is,” and you assume all associated risks. We do not provide any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Voxual will not be held responsible for any damage to your computer system, loss or corruption of data, or any other harm resulting from your access to or use of the services or software.
Voxual does not provide any warranty, endorsement, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Services or any linked website or service. Voxual will not be involved in or monitor any transaction between you and third-party providers of products or services. Furthermore, we do not make any representations or warranties regarding call recording. Please be aware that federal law and certain states, provinces, and jurisdictions may not allow the exclusion or limitations of certain implied warranties. Consequently, the above exclusions may not apply to you. These terms grant you specific legal rights, and you may also have other rights that vary from state to state. If applicable law prohibits the application of the disclaimers and exclusions stated in these terms, they will not apply to the extent prohibited by law.
To the maximum extent permitted by law, Voxual, its affiliates, and their officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising from or related to the use of, or inability to use, the services. These damages may include but are not limited to, loss of use, data, business, or profits. This applies regardless of the legal theory involved and whether or not Voxual has been alerted to the possibility of such damages. Even if a remedy fails to fulfil its intended purpose, Voxual will not be held responsible for any damage, loss, or injury resulting from hacking, tampering, unauthorized access, or unauthorized use of the services or the information contained therein.
To the maximum extent permitted by law, Voxual assumes no liability or responsibility for the following:
(I) Errors, mistakes, or inaccuracies of content.
(II) Personal injury or property damage resulting from your access to or use of our services.
(III) Unauthorized access to or use of our secure servers and any stored personal information.
(IV) Interruption or cessation of transmission to or from the services.
(V) Bugs, viruses, trojan horses, or similar harmful elements transmitted through our services by third parties.
(VI) Errors or omissions in any content, and any resulting loss or damage from the use of such content.
(VII) Your data or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Voxual, its affiliates, or their officers, employees, agents, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs exceeding either $100 or the amounts paid by you to Voxual for the past three months of the relevant services, whichever is greater.
Furthermore, neither Voxual nor any of its employees will be held liable in the event that we aid with any aspect of your account setup or troubleshooting, including but not limited to resolving email connectivity issues. Such assistance may involve accessing your private data, including prospect information, email metadata, and content. By using Voxual, you agree to grant us, representatives, these permissions when necessary. We retain the right to help in these situations at our discretion, and we will maintain the confidentiality of your information as outlined in our privacy policy.
Certain jurisdictions may not permit the exclusion or limitation of incidental or consequential damages. Therefore, the limitations or exclusions stated above may not apply to you. These terms grant you specific legal rights, and you may also have additional rights that vary depending on the jurisdiction you are in. If applicable law prohibits the application of the disclaimers, exclusions, or limitations of liability stated in these terms, they will not apply to the extent prohibited by such law.
By agreeing to these terms, you acknowledge and agree that (i) The services are based in Texas and will be governed by the laws of the State of Texas, without considering conflicts of law principles and (ii) The services are considered passive and do not establish personal jurisdiction over us in any jurisdiction other than Texas, whether it be specific or general. The parties recognize that these terms involve interstate commerce. However, any arbitration conducted according to these terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), while the United Nations Convention on Contracts for the International Sale of Goods will not apply. For any actions in which we have the right to seek injunctive or other equitable relief to protect our intellectual property rights, including copyrights, trademarks, trade secrets, and patents, you agree to the personal jurisdiction of the federal and state courts located in Plano, Texas. If the arbitration provision is deemed unenforceable, Plano, Texas will be the appropriate forum for any appeals of an arbitration award or trial court proceedings.
Please read this section carefully as it outlines the process for resolving disputes with Voxual and limits the methods of seeking relief. In the event of any dispute between you and Voxual, you agree to first contact us at support@vervenex.com and attempt to resolve the issue informally. If we are unable to resolve the dispute within sixty (60) days, both parties agree to resolve any claims, disputes, or controversies (excluding claims for injunctive or equitable relief) arising from or related to these terms through binding arbitration conducted by JAMS. The arbitration will follow the Optional Expedited Arbitration Procedures of JAMS, unless otherwise agreed by you and Voxual. The arbitration will take place in Plano, Texas unless otherwise agreed. If you are using the services for commercial purposes, each party will be responsible for paying the applicable JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator’s decision will include arbitration costs, reasonable attorney’s fees, and costs for expert witnesses. If you are an individual using the services for non-commercial purposes, JAMS may require you to pay a fee to initiate your case, unless you successfully obtain a fee waiver. The arbitrator’s decision may include your arbitration costs, reasonable attorney’s fees, and costs for expert witnesses. You have the option to file a lawsuit in a small claims court without going through arbitration, but this does not exempt you from engaging in the informal dispute resolution process. Any judgment based on the arbitrator’s decision can be entered in a court of competent jurisdiction. This section does not prevent Voxual from seeking injunctive or equitable relief from the courts to protect against actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
For all individuals and entities, whether they have used the services for personal, commercial, or other purposes, all claims must be filed individually and not as part of a class action or any other representative proceeding. This means that class arbitration is not allowed, and the arbitrator cannot consolidate claims from multiple individuals. By agreeing to these terms, you and Voxual both waive the right to a jury trial and to participate in class actions, collective actions, private attorney general actions, or any other similar legal proceedings.
The user is restricted to assign any rights for the terms of services stated here within and any attempt to do so is void. However, Voxual may assign rights and obligations to any affiliates, subsidiaries or successors in the interest of the service’s businesses or assets.
The services, which include software and documentation, are governed by the trade laws and regulations of the United States and other countries. These laws include the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500).
You are prohibited from using the services in a way that violates these laws and regulations. This includes activities such as importing, exporting, re-exporting, transferring, or engaging in unauthorized dealings that involve: (i) countries currently under U.S. embargo (Cuba, Iran, North Korea, Sudan, and Syria), (ii) parties listed on restricted person lists like the OFAC Specially Designated Nationals List, Commerce Department’s Denied Person List, or Entity List, or (iii) activities related to the development, manufacturing, or production of nuclear, missile, or chemical or biological weapons. By using the software and services, you confirm that you are not located in any of these countries or listed on any of these restricted person lists.
The services were privately funded and are considered “Commercial Items” according to the regulations at 48 C.F.R. §2.101. The services include “Commercial Computer Software” and “Commercial Computer Software Documentation” as defined in 48 C.F.R. §12.212. For U.S. Government End Users, their rights to the Services are limited to those specifically provided in these Terms, as outlined in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4. Additionally, in accordance with 48 C.F.R. §12.211, U.S. Government End Users acquire only technical data and the rights associated with that data as specified in these terms.
We may update these terms periodically, and the most up-to-date version will be available on our website. If there are any significant changes to these terms, we will notify you of those changes. Voxual has the right to determine how we notify users, such as sending an email to the address associated with your account or displaying a notification when you log in. However, you have the option to opt out of certain notification methods as outlined in these terms. Please note that any filtering applied to our email notifications by you or your network provider is beyond our control. By continuing to use the services after the revised terms come into effect, you are accepting the updated terms. If you do not agree with the new terms, you can simply refrain from using the services after the changes take effect, and the updated terms will not apply to you.
These terms are the complete and exclusive agreement between you and Voxual regarding the services, replacing any other agreements, terms, and conditions related to the services. These terms do not confer any rights to third-party beneficiaries. If Voxual does not enforce a provision, it does not waive its right to enforce it in the future, and any waiver of a provision by Voxual is not a continuing waiver of that provision or any other provision. If a provision is deemed unenforceable, the remaining provisions of the terms will remain in effect, and an enforceable provision will be substituted to reflect our original intent as closely as possible.
In terms of any questions or queries regarding the terms of service, please contact us at support@vervenex.com.
Office No 3301 Floor P Al Saeed Tower 1 Sheikh Zayed Road, Dubai, United Arab Emirates 25314
info@vervenex.com
+971 50 530 3214
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