Terms of Service

Effective Date: January 13, 2026
Last Updated: January 13, 2026

1. Agreement to Terms

Welcome to Voxagen LLC ("Voxagen," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI voice agent platform, website, applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

Important: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 15 carefully.

2. Definitions

"Account" means your registered account with Voxagen
"Customer" or "you" means the individual or entity using our Services
"Voice Agent" means our AI-powered conversational agent
"Content" means any data, information, audio, or materials provided through our Services
"Subscription" means your paid access to our Services
"API" means our application programming interface

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access
Accept responsibility for all activities under your account

3.3 Business Accounts

If you are registering on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

4. Services Description

4.1 AI Voice Agents

Voxagen provides AI-powered voice agents that can:

Answer phone calls and interact with callers
Process reservations, orders, and inquiries
Integrate with third-party systems via API
Provide analytics and conversation insights
Support multiple languages

4.2 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted access. We may temporarily suspend Services for maintenance, updates, or technical issues.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice for material changes.

5. Subscription Plans and Billing

5.1 Plans and Pricing

Pricing is available at voxagen.com/pricing
Plans are billed monthly or annually in advance
All fees are in US Dollars (USD) unless otherwise stated

5.2 Payment Terms

You authorize us to charge your payment method for all fees
Payments are non-refundable except as required by law
Failed payments may result in service suspension
You are responsible for all taxes and charges

5.3 Free Trials

Free trials are available for eligible new customers
Trial periods are specified at signup
Your payment method will be charged automatically after the trial unless you cancel
One trial per customer

5.4 Automatic Renewal

Subscriptions automatically renew unless you cancel before the renewal date. You may cancel anytime through your account dashboard or by contacting support@voxagen.com.

5.5 Refund Policy

Monthly subscriptions: No refunds for partial months
Annual subscriptions: Pro-rated refunds within 30 days of initial purchase
No refunds for usage-based charges or add-ons

6. Acceptable Use Policy

6.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Activities

You agree NOT to:

Violate any laws, regulations, or third-party rights
Impersonate any person or entity
Use Services for fraudulent or deceptive purposes
Transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to our systems
Reverse engineer, decompile, or disassemble our Services
Use Services to harass, abuse, or harm others
Send spam, unsolicited messages, or robocalls in violation of TCPA
Scrape or collect data without permission
Resell or redistribute our Services without authorization
Use Services for illegal telemarketing
Generate false or misleading caller ID information
Overload or interfere with our systems

6.3 Compliance with Laws

You are responsible for ensuring your use complies with:

Telephone Consumer Protection Act (TCPA)
Telemarketing Sales Rule (TSR)
CAN-SPAM Act
GDPR (for EU customers)
CCPA (for California residents)
All applicable local, state, and federal laws

6.4 Call Recording Compliance

You must:

Obtain proper consent before recording calls where required by law
Provide appropriate disclosure to call participants
Comply with all call recording regulations in your jurisdiction

7. Intellectual Property Rights

7.1 Our IP

All Services, including software, designs, text, graphics, logos, and trademarks, are owned by Voxagen or our licensors. You receive a limited, non-exclusive, non-transferable license to use our Services.

7.2 Your Content

You retain ownership of any content you provide ("Customer Content"). By using our Services, you grant us a license to:

Process, store, and transmit your Customer Content
Use Customer Content to provide and improve Services
Create anonymized, aggregated data for analytics

7.3 Voice Data

Voice recordings and transcriptions are considered Customer Content. We process voice data according to our Privacy Policy and applicable data protection laws.

7.4 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without compensation or attribution.

8. Third-Party Services and Integrations

8.1 Third-Party Providers

Our Services may integrate with third-party platforms including:

Vapi - Voice AI infrastructure
n8n - Workflow automation
Payment processors
CRM systems
Communication platforms

8.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions. We are not responsible for third-party services or their availability.

8.3 No Endorsement

Integration with third-party services does not constitute our endorsement of those services.

9. Data Protection and Privacy

9.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Security

We implement industry-standard security measures, but cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

9.3 Data Retention

We retain your data as specified in our Privacy Policy. You may request data deletion subject to legal and contractual obligations.

9.4 Data Processing Agreement

For enterprise customers, a separate Data Processing Agreement (DPA) may be required for GDPR compliance.

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that our Services will substantially conform to the documentation provided. This warranty is subject to proper use of Services.

10.2 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY
UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

Services will meet your specific requirements
Services will be secure, timely, or error-free
AI voice agents will achieve specific outcomes
All bugs or errors will be corrected

10.3 AI Technology Disclaimer

Our AI voice agents use machine learning technology. While we strive for accuracy, AI responses may occasionally be incorrect, inappropriate, or unexpected. You are responsible for monitoring and validating AI interactions for your use case.

11. Limitation of Liability

11.1 LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXAGEN'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11.2 EXCLUDED DAMAGES

IN NO EVENT SHALL VOXAGEN BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
COST OF SUBSTITUTE SERVICES
BUSINESS INTERRUPTION

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

12. Indemnification

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

Your use or misuse of our Services
Your violation of these Terms
Your violation of any laws or third-party rights
Your Customer Content
Your violation of TCPA, TSR, or other telemarketing laws

13. Term and Termination

13.1 Term

These Terms remain in effect while you use our Services.

13.2 Termination by You

You may terminate your account at any time by:

Canceling through your account dashboard
Emailing support@voxagen.com
Following the cancellation procedures in our documentation

13.3 Termination by Us

We may suspend or terminate your access immediately if:

You breach these Terms
You engage in prohibited activities
Your payment fails
Required by law
Your use poses security or legal risks

13.4 Effect of Termination

Upon termination:

Your access to Services will cease
You remain responsible for all outstanding fees
We may delete your data after a reasonable period
Sections that should survive (liability, indemnification, etc.) will continue

13.5 Data Export

You may export your data before termination through your account dashboard or by requesting assistance.

14. Modifications to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Material changes will be notified via:

Email to your registered address
Prominent notice in our application
Posting on our website

14.2 Acceptance of Changes

Continued use of Services after changes constitutes acceptance. If you disagree, you must stop using Services and terminate your account.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@voxagen.com to attempt informal resolution.

15.2 Binding Arbitration

Any dispute arising from these Terms will be resolved through binding arbitration rather than in court, except:

Small claims court matters
Intellectual property disputes
Injunctive relief requests

Arbitration Details:

Governed by the Federal Arbitration Act
Conducted by the American Arbitration Association (AAA)
Individual basis only (no class actions)
Location: San Francisco, California

15.3 CLASS ACTION WAIVER

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

15.4 Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@voxagen.com with "Arbitration Opt-Out" in the subject line.

16. General Provisions

16.1 Governing Law

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

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Voxagen.

16.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in full effect.

16.4 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

16.5 Assignment

You may not assign these Terms without our consent. We may assign these Terms without notice to you.

16.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16.7 Export Compliance

You agree to comply with all export control laws and regulations.

16.8 Government Use

If you are a US government entity, our Services are "Commercial Items" as defined in FAR 2.101.

16.9 Notices

Legal notices must be sent to:

Voxagen LLC
Legal Department
123 Innovation Drive, Suite 400
San Francisco, CA 94105
Email: legal@voxagen.com

16.10 Language

These Terms are provided in English. Any translations are for convenience only.

17. Contact Information

For questions about these Terms, contact us at:

Email: legal@voxagen.com
Address: Voxagen LLC, 123 Innovation Drive, Suite 400, San Francisco, CA 94105
Phone: +1 (555) 123-4567

Acceptance

By clicking "I Agree," creating an account, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: January 13, 2026
Version: 1.0

Terms and Conditions